Export Label Image Search System (ELISS)

Australian Grape & Wine (AGW) identified the need to establish a Wine Export Label Directory as a key step in strengthening protection for Australian wine labels against fraudulent activity. Wine Australia worked with AGW and the Department of Agriculture, Water and the Environment to prepare legislative changes to the Wine Australia Act 2013 and the Wine Australia Regulations 2018 to implement the Label Directory.

In accordance with the Wine Australia Regulations 2018, Wine Australian maintains the Label Directory which the public can access through ELISS.

Wine Australia, through an extensive consultation process, established a reference group of representatives from the wine sector to oversee the implementation of the system.

Wine Australia has developed ELISS, which is interfaced with the Wine Australia Licensing and Approval System (WALAS) as part of its wine export control function. All Australian wine exporters are required to submit images of their labels prior to gaining export approval for packaged products via WALAS.

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.  

Information is publicly searchable and can be accessed via a PC or mobile phone

https://eliss.wineaustralia.com/eliss/search

ELISS displays labels for packaged products intended for export after 1 July 2021.

Before Wine Australia can grant approval for the export of a packaged grape product in containers of less than 20 litres, exporters must upload front and back view images of their labels through Wine Australia’s Licensing and Approval System (WALAS).

Labels do not need to be uploaded for bulk product, but exporters can upload labels applied overseas voluntarily if they wish to have them included in the Label Directory.

ELISS was launched on 1 July 2021. 

To ensure a seamless launch of ELISS, exporters were able to voluntarily upload labels to WALAS between 10 May and 31 May 2021. From 1 June 2021, the approval of packaged products for export by Wine Australia was conditional on labels being uploaded to WALAS. Labels uploaded to WALAS from 10 May to 1 July appeared on WALAS from 1 July 2021, as will all labels subsequently uploaded in accordance with the Wine Australia Regulations 2018.

If you are planning an in market promotional campaign to promote a new brand and you wish to keep the brand confidential until the launch, you can apply to Wine Australia for the publish date of your label to be delayed. To make an application, email [email protected]

Amendments made to each the Wine Australia Act 2013 and the Wine Australia Regulations 2018 (Regulations) on 1 July 2021 oblige Wine Australia to collect label images of packaged products as a precursor to providing export approval and to make the labels publicly accessible via searchable database. Specifically, Wine Australia is required to maintain a Label Directory in accordance with Division 4A of the Regulations.

Like all Wine Australia's regulatory activities, the ongoing maintenance of the Label Directory will be funded through the collection of regulatory fees. Specifically, the maintenance of the Label Directory will be funded by a label registration fee of $38. Note that exporters will only be charged for the first two label registrations for any single product. Wine Australia is required to maintain a Cost Recovery Implementation Statement (CRIS) explaining how its regulatory fees fund its regulatory activities

Exporters can 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 can use ELISS to verify whether a label has been uploaded by a legitimate Australian exporter. If a label does not appear in ELISS, it will be difficult for an individual to verify that the relevant product originated in Australia.

Labels discoverable through searching ELISS can 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 can identify potential labelling problems and prevent them from occurring.

Much like the Australian Trade Mark Office 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) is available. 

By making the Label Directory public, via ELISS, brand owners can identify breaches of their IP rights and enforce them. It also promotes the integrity of Australian wine by providing a platform through which the public can verify whether products they purchase overseas originated in Australia.

Only low-resolution images are displayed on 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 is not 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.

Wine Australia does not accept responsibility for any loss or damage, however caused (including through negligence) whether by Wine Australia, a third party or you, which you may directly or indirectly suffer in connection with or arising from your use of ELISS, your use of or reliance on information contained on or accessed through ELISS or because of the unavailability of ELISS.

Yes. Simplified Chinese.

No. The images are transferred to ELISS automatically from the Wine Australia Licensing and Approval System (WALAS).

Unfortunately, there are limitations with all technology platforms. ELISS does not contain a conclusive list of labels.

Information and images contained in ELISS are derived from third parties and may contain errors. Accordingly, Wine Australia does not make any representation or warranty that the information provided by third parties is reliable, adequate, current, accurate or complete. However, details such as dates and certain information generated by Wine Australia can be relied on.