New Delhi, India

New Zealand has lost its almost decade-old fight for exclusive rights to trademark 'mānuka honey'. For years now, the nation has been trying to stop Australian beekeepers from using the name and the lucrative profits associated with it. However, on Monday, New Zealand's Intellectual Property Office ruled that the nation's mānuka beekeepers didn't meet the necessary requirements for exclusive rights.

Advertisment

What did the Intellectual Property Office of New Zealand say?

As per the court, the New Zealand beekeepers didn't meet the minimum requirements for a trademark. It also said that the term 'mānuka' itself was descriptive. 

"This case represents a trans-Tasman tussle of extraordinary proportions over trade mark rights for mānuka honey," said the ruling.

Advertisment

"It is one of the most complex and long-running proceedings to have come before the Intellectual Property Office of New Zealand," remarked the court, as per NZ Herald.

What is mānuka?

'Mānuka' is a word from the Maori language — the language of the Indigenous people of Aotearoa, or New Zealand, known as Maori.

Advertisment

The word refers to a distinct white-flowered tree that grows in New Zealand and in Australia.

However, in Australia, it isn't called mānuka, it is known as "tea tree".

The mānuka tree has sweet-smelling leaves that are often used to make tea. Its white, pink, or red flowers are used by beekeepers to produce a special kind of honey.

What makes mānuka honey so special?

The mānuka honey is very special and sells for lucrative amounts. It is known for its antibacterial and supposed health properties. 

As per Healthline, this particular honey offers "sweet benefits", like wound healing, cough relief, protection against ulcers, improved digestion, and better oral health.

How much does it sell for?

A lot. The supposed health benefits of mānuka honey mean that it has a significant markup price in international markets.

At its highest concentrations, the mānuka honey in overseas luxury stores can fetch up to NZ $2,000 to $5,000 or US $1,255 to $3,137 for a 250g jar.

Why do New Zealand beekeepers don't want to share the trademark?

They claim that the name 'mānuka' is an indigenous treasure uniquely associated with New Zealand's honey production.

On top of that, the lucrative nature of the product is connected to the name. 

In New Zealand itself, there exists fierce competition over access to mānuka forests. This competition has spurred a wave of criminal activities like poisoning of bees, thefts, vandalism and beatings, reports the Guardian.

When did the battle for trademark start?

The battle for trademark started way back in 2015.

How did New Zealand beekeepers react to the court ruling?

In the words of Pita Tipene, Chair of the Manuka Charitable Trust, the court's ruling was "disappointing in so many ways" and "today’s finding reflects the technicalities and limitations of conventional IP law to protect Indigenous rights."

Tipene said that the trust would, for the time being, pause to regroup, but that it will continue its battle.

He said that "if anything," the decision "has made us more determined to protect what is ours on behalf of all New Zealanders and consumers who value authenticity."

Is it an Indigenous rights issue?

As per Mānuka Charitable Trust chair Pita Tipen, their "role as kaitiaki (guardians) to protect the mana (dignity) and value of our taonga (treasured) species, including mānuka on behalf of all New Zealanders, is not contestable."

He said that it is well established, both in New Zealand and overseas, that the recognition of Indigenous rights in the intellectual property regime is lacking.

"It is time the New Zealand Government took urgent action and committed sufficient funding to address these issues as raised in the Wai 262 claim and recognised in the United Nations Declaration on the Rights of Indigenous Peoples," he added.

How did the Australian beekeepers react?

Australian Mānuka Honey Association chairman Ben McKee said they were delighted by the decision.

As per him, the ruling "confirms what we have been saying since New Zealand producers began this legal process nearly eight years ago - our product has a long history of being recognised as Mānuka honey, it is produced like the New Zealand product is, and it also offers the sought-after antimicrobial properties that consumers around the world value so highly."

He also said that the association hoped that "the fact that even authorities in New Zealand cannot find a way to support the trademark claims of New Zealand producers" should "bring this legal dispute to an end once and for all".

What do the industry partners say?

As per the NZ Herald, industry partners have remained "steadfast in their resolve the Mānuka Honey name belongs and should refer only to products produced in Aotearoa New Zealand".

However, Australian Mānuka Honey Association chairman Ben McKee claims that the above is true for only a particular group of New Zealand producers, under the umbrella of the Mānuka Honey Appellation Society (MHAS). He said that other industry members and even some New Zealand beekeepers were open to collaborating with the Australian industry.

(With inputs from agencies)

WATCH WION LIVE HERE

You can now write for wionews.com and be a part of the community. Share your stories and opinions with us here.