An effort by the European Union to restrict the use of the name prosecco has been labelled by Australian legal academics as the "dodgiest claim" to a geographical indicator.
The EU is seeking protection for 50 new wine geographical indicators as a part of free trade negotiations.
If granted, they would not allow Australian producers to use the name prosecco.
Monash University law professor Mark Davison, who specialises in intellectual property law surrounding geographical indications, said Prosecco was the name of a grape variety.
Academics from Monash and Macquarie Universities looked at historical records dating back to the 1700s, the first Italian law in relation to prosecco in 1969, books published by the Italian government, and leading wine writers who had all refered to the name as a grape variety.
Italy changed the name of the prosecco grape variety to glera in 2009, which Mr Davison said was for commercially protective reasons.
"The Italian government declared prosecco was no longer the name of the grape, it was a name of a region," Mr Davison said.
"As a matter of law, they've decided it is a region but for commercially protective regions."
Mr Davison said the European Union had a number of legitimate claims to geographical indications however he believed the prosecco claim was illegitimate.
"If we accept it is a [geographical indicator] and not the name of a grape variety, then you might as well say whatever the EU says that's what we're going to do," he said.
"Prosecco is the dodgiest claim to a [geographical indicator] of all of the claims being made by the EU."
Different to champagne
Geographical indications are names used on a product that has a specific geographical origin and possesses qualities or a reputation that are essentially attributable to that origin.
Champagne is arguably the world's most famous indicator, where only wine produced in the region can be called champagne.
Mr Davison said the difference was champagne was not made from a grape of the same name.
"There is no attempt by champagne producers to have exclusive rights or have use of grape variety names such as chardonnay or pinot noir," he said.
"What's happened here is a grab for a grape variety name, an attempt to monopolise," he said.
Mr Davison said he hoped the Australian government would look at the academics' evidence when it came to making a decision.
"It's a matter for the Australian government where its looks at the facts or whether it rolls over in a political fight with the European Union," he said.
Producers dig in
Submissions close today for the government's public objections process, with a decision expected to be made later this year.
Prosecco producers in Victoria's King Valley are digging in their heels, petitioning the government to fight to keep the use of the name.
Brown Brothers winemaker Katherine Brown said her company had been producing prosecco for more than 20 years.
"We originally bought grape vines from Italy, and they have always been called prosecco grape vines," Ms Brown said.
"In the past 20 years, the Australian wine industry has built the prosecco market segment to a $200 million industry, so this is a big thing for us.
"We're digging our heels in to keep the name, we're very serious about this."
Ms Brown said the company had invested heavily in prosecco with vine plantings, specialist production zones and millions of dollars of marketing.
"This is not just about prosecco, it's just the tip of the iceberg," she said.
"We're worried about if we let prosecco go, then we open up the grounds for other varieties to be taken off us."
