Legal expert calls on Aussie brands to double down on trade mark protection with technology

It was recently reported that counterfeit bottles of the iconic Australian wine Yellow Tail were circulating in the UK once again. Though the brand's owner, Casella Family Brands, has noted that this specific incident may have stemmed from an earlier case, the warnings echo a wider, ongoing concern. 

But it is not only our wine industry that could readily come under attack from a shadow economy of fakes. Counterfeit products are a real issue and it is a persistent threat to both reputation and revenue, especially for successful export-driven producers like those in Australia. For Australian producers, whose export markets are lifelines, especially after years of trade headwinds with China, the threat is more than hypothetical. It's structural.

Start with legal trade mark protection

Before we bring technology into the equation, let's start with strong intellectual property (IP) hygiene, particularly trade marks. Robust trade mark protection in key export markets remains the foundation of legal recourse. Without it, rights holders are often powerless to act when fakes emerge on foreign shelves. 

Businesses like wineries should also think beyond just trade mark protection for their name or label. Distinctive packaging elements like packaging colours, designs, custom bottle shapes, embossed features, or unique closures can also be protected and enforced as valuable brand assets. Safeguarding these design elements helps build brand recognition and offers an extra layer of defence against copycats.

Registered marks are the beginning. The savviest brands file customs notices with border authorities, effectively deputising customs officials as brand enforcers. These notices empower agencies to detain shipments suspected of infringing trademarks, providing a crucial frontline defense.

Tech-enabled trust

Beyond legal protections, technology can also provide ways to secure trust. From QR codes and holographic seals to NFC chips and blockchain-backed authenticity systems, winemakers are experimenting with ways to secure the journey from vineyard to shelf. 

In fact, we are already seeing this in the EU where they were researching blockchain technology under their project TRACEWINDU.  The idea being to permanently record every stage of wine production, right from grape cultivation, fermentation, bottling to distribution. All of that information could be accessed via a QR code on the label. A consumer could scan the code to get the full history of the wine. 

There is also some groundbreaking research happening in this area that utilizes laser-induced graphene (LIG) chipless RFID tags embedded in corks. This approach aims to provide a cost-effective and non-cloneable solution for authenticating wine bottles. On top of this, we're also seeing a new generation of AI-enabled solutions and applications that claim to detect counterfeit products.

Innovation and education

But even the most high-tech systems falter without education. Wine brands must also invest in raising consumer awareness: how to spot a fake, how to report suspicious bottles, and how to dispose of empty bottles so they don't become vessels for fraud. Looking for misspellings, changed words, and errors in punctuation can be easy ways to spot counterfeits. 

For really good counterfeits, you'd have to go a step further and look at the label texture or colour. Public campaigns, whether through retailers or direct-to-consumer channels can be potent deterrents in their own right. Ultimately, with proactive IP enforcement, technological vigilance, and consumer engagement, Australian brands can ensure they're not just known worldwide but continue to be trusted.