Wine Australia has introduced changes to the product approval process in the Wine Australia Licensing and Approval System (WALAS) in preparation for the launch of the Wine Export Label Directory.

Changes have been made in response to legislative changes made at the request of the sector, and by the nation’s peak sector representative body Australian Grape & Wine (AGW). The intent behind the changes is to strengthen the integrity of Australian wine labels and to make it easier for brand owners to detect potentially fraudulent activity. Read our factsheet to understand the benefit of the introduction of this change.

A Wine Export Label Directory is maintained by Wine Australia and will be implemented through the changes to WALAS.

Wine Australia will establish and administer the Label Directory as part of its wine export control function. All Australian wine exporters will be required to submit images of their labels prior to gaining export approval via the Wine Australia Licensing and Approval System (WALAS).

The Export Label Image Search System (ELISS) sits outside of WALAS for brand owners, trade and consumers to identify potential breaches of their intellectual property rights and to verify the authenticity of wine labels. 

Yes. New export rules will require all Australian wine exporters to upload images of their labels in WALAS prior to gaining export approval for packaged products.  Labels will not need to be uploaded for bulk product, but exporters will be able to upload labels applied overseas voluntarily if they wish to have them included in the Label Directory. There was a transition time for exporters to upload labels to the directory before launch on 1 July 2021 with training and resources provided.

The Export Label Image Search System (ELISS) was live on 1 July 2021.

Yes. Exporters were able to upload labels from 10 May 2021 in WALAS prior to the process being mandated on 1 June 2021.

If there is both a front and back label, it will be mandatory to upload both. If you are applying different back labels for different markets, you will be able to upload multiple back labels for a single product.  

The image of the wine label must be in either .JPG, .PNG or .TIFF format. Please note JPEG will not be accepted – you will need to change the file type to JPG. The image size must be a minimum of 600 pixels x 600 pixels with a minimum resolution of 72 DPI. The maximum pixel size is 4000 x 4000.

A photograph of the original artwork or the bottle will be accepted, provided it is in the correct file format.

If you are exporting cleanskins, you are required to upload images of plain labels containing mandatory information including volume, alcohol content, allergens, name and address.  Any brand label that will be affixed in market can also be provided be at later stage.

The exporter will be able to voluntarily link a certain volume of a registered bulk product to a label applied in market – even if it has been applied by a customer. This will, in turn, drive developers of in-market brands to forge direct relationships with Australian exporters – because they will want their labels to be stored in the Label Directory.

Retailers and distributors in market will also be able to use the Export Label Image Search System (ELISS) to verify whether a label has been uploaded by a legitimate Australian exporter. If a label does not appear on the Directory, it will be difficult for an individual to verify that the relevant product originated in Australia.

Labels discoverable through searching the Export Label Image Search System (ELISS) will be able to be verified as originating from Australia. It follows that copycat brands developed in market will not be discoverable through searching ELISS, hence will not be able to be verified as originating from Australia.

In addition, at times copycat labels are inadvertently developed by Australian exporters for overseas customers. By searching ELISS, exporters and brand owners will be able identify potential labelling problems and prevent them from occurring.

On 30 October 2019, Wine Australia received approval from the Department of Agriculture for funding from the Australian Government’s $50 million Export and Regional Wine Support Package (the $50m Package) to be allocated to development of the Label Directory. To allow Wine Australia sufficient time to deliver this project, the Minister for Agriculture, Water and Resources has provided an extension for delivery of the Label Directory past the $50m Package end date of June 2020.

Much like the Australian Trade Mark Office Search System, the Export Label Image Search System (ELISS) is searchable by uploading an image, or inputting text in English or Chinese.  Additional filtering by publication date, shipment approval date and/or destination market(s) will be available.

By making the Label Directory public, via ELISS, it not only allows brand owners to identify breaches of their IP rights and enforce them, but it also promotes the integrity of Australian wine providing a platform through which the public can verify whether products they purchase overseas originated in Australia. 

Only low-resolution images are displayed on the ELISS. These are watermarked by embedded software in the Directory so that users can verify the authenticity of the label image. It’s important to note that information on the directory will not be any more accessible than trademark and commercial wine label directories that are already available to the public. It remains vitally important for brand owners to seek to protect their brands through formal trademark registrations in the markets in which they do business.

Wine Australia’s statutory remit does not extend to matters concerning private intellectual property rights. However, if a label appears on the Label Directory and does not comply with the rules set out in the Wine Australia Act 2013 (such as the blending rules), other Australian laws, or the laws of the country to which the product is being exported, Wine Australia may decide whether to revoke approval of the related product. Where an exporter is engaged in activities that might jeopardise the successful promotion of Australian wine overseas (such as copycat activity), Wine Australia may consider whether to cancel or suspend the licence held by that exporter.

Much of the information required for the Label Directory, via ELISS, will be extracted from the Wine Australia Licensing and Approval System (WALAS). This will limit the amount of additional information that Australian wine exporters need to supply as part of the new process.

Yes. Simplified Chinese.

Only if they are a licensed exporter and they are exporting your product (which is lawful).  The Label Directory provides an export control function, through its integration with the Wine Australia Licensing and Approval System (WALAS) by making it mandatory for all Australian wine exporters to submit images of the labels they are exporting prior to gaining export approval. The label images can therefore only be uploaded, via WALAS, by any licenced exporter who has registered your branded product for export approval.

No, the images are transferred to ELISS automatically.

Try using Microsoft Snipping Tool.

If the information on the label image is all the same then no, you can just upload the 750mL image.

You will be required to upload the front and back images separately and not as a set. The reason for this is for the public facing directory (ELISS) needs to be able to identify the design and content of your front and back labels for searching purposes.

Once the product edit has been approved, you can’t amend this through WALAS. The Export Assistance Team will need to do this for you in the back end.

For single wrap around labels, please take a photograph of the front of the bottle and upload as the ‘front view’. There is no need to upload as a ‘back’ view as it will default to ‘Front’ and ‘Back’ automatically. If you attach a proof version of the wrap around label, then upload this as a ‘front view’ and remove the back view by clicking on the ‘x’. The proof version should only contain the image without design company details.

If you have a product that has the same front label for all markets but then different back labels for different markets, you would add all the back label images for the different markets to that same label description. You can upload up to 10 back label images to a label description.

With regards to the shipping application, you would only see it as one shipment item that you would select. It won't make you select the relevant back label. However, when someone does a search for that product in ELISS, they will see your front image and all of the back images that you have uploaded against that product. It will also show the markets that the product was exported from Australia to. 

You can tick the no sub-brand and no additional brand description boxes.

The neck label images and the 2 front images would be classed as the 'front view'. You could take a photo of the front of the bottle but if not possible, you can combine all 3 images into 1 front view image.

You would need to upload the EU compliant label. And if you can get your hands on the in-market label then you can upload this through Labels affixed outside Australia category.