By Stuff reporter Brianna Mcilraith
A trans-Tasman tussle over the trademark rights for mānuka honey may have come to an end, with the Intellectual Property Office of New Zealand opposing the application.
In 2015, an application was made by the Mānuka Honey Appellation Society to the Intellectual Property Office of New Zealand (IPONZ) seeking registration for mānuka honey as a certification trademark in Aotearoa New Zealand for honey produced here.
The mark was formally accepted on April 3, 2018 in the name of the Mānuka Honey Appellation Society (MHAS) but the Australian Manuka Honey Association (AMHA) opposed the application.
On Monday IPONZ released its decision, saying it refused the application to register mānuka honey as a certification mark on several grounds, including that “mānuka honey” was descriptive of the goods of the application and therefore not registrable under the Trade Marks Act 2002.
The case represented a “trans-Tasman tussle of extraordinary proportions” over trademark rights for mānuka honey, assistant commissioner of trademarks Natasha Alley said in the decision.
“In terms of the impact of this decision in New Zealand, it may well be that it has little impact, if any, on the status quo and current practices.
Honey prices fall
“This is because, at least for now, mānuka honey produced outside New Zealand cannot be imported into New Zealand for biosecurity reasons,” she said.
Both parties have 20 working days to appeal the decision to the High Court.
Mānuka Charitable Trust chair Pita Tipene said he was disappointed but undeterred by the ruling.
“Today’s finding reflects the technicalities and limitations of conventional IP law to protect indigenous rights. It is disappointing in so many ways but our role as kaitiaki to protect the mana, mauri, and value of our taonga species, including mānuka, on behalf of all New Zealanders, is not contestable,” Tipene said.
“We remain resolute in protecting our reo Māori and the precious taonga and today’s ruling in no way deters us.
“We will take some time to absorb the details of the ruling and consider our next steps.”
Aussies happy
The mānuka honey industry in Aotearoa New Zealand generated $436 million in exports last year alone.
Australian Manuka Honey Association chairman Ben McKee said the decision had been welcomed as a “common sense outcome” by Australia’s mānuka honey industry, which had plans to grow international sales in response to rising demand.
“We are delighted with the judgment handed down by the IPO, which 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 just as the New Zealand product is, and it also offers the sought-after antimicrobial properties that consumers around the world value so highly.”
McKee said there was strong demand for the Australian honey from countries around the world including the United States, Japan, China and Germany.
“The fact that even authorities in New Zealand cannot find a way to support the trademark claims of New Zealand producers should, we hope, bring this legal dispute to an end once and for all.”
McKee said there were New Zealand beekeepers and industry members who were prepared to work more collaboratively with the Australian industry.
- Stuff