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News Article Intellectual property

Alia

'Awa Grower/Collector
Well, this is interesting.
Vanuatu obviously has it more together...
but here in Hawai'i for example, Nene and Mahakea
(to name just 2) were grown throughout the Islands
and therefore Nene is Nene wherever here.
 

Michael Nielsen

Kava Enthusiast
Its just like champagne it might be called that if it's made from grapes from certain area of France. The same with feta cheese that only can be made in Greece.
 

Alia

'Awa Grower/Collector
Its just like champagne it might be called that if it's made from grapes from certain area of France. The same with feta cheese that only can be made in Greece.
Yes, it's similar but this is a bit more specific in that they are saying a particular cultivar of Vanuatu kava that comes from "XX" region of Vanuatu can only be sold by that name if it comes from "XX" region of Vanuatu.
In the example of champagne, I wonder if it has to be made from a particular cultivar of grape? from that region or can any cultivar of grape do as long as it is grown and beverage made in that region?
 

kasa_balavu

Yaqona Dina
Well, this is interesting.
Vanuatu obviously has it more together...
but here in Hawai'i for example, Nene and Mahakea
(to name just 2) were grown throughout the Islands
and therefore Nene is Nene wherever here.
But nowhere else, right? If I grow Nene in Fiji, should I be able to call it Awa Nene, or should that name be restricted to Nene grown in Hawaii?

This sort of geographic indication works well for Vanuatu, and Hawaii, but not so much for Fiji or Tonga, since we haven't created "brands" around our cultivars.

But yeah, same as champagne produced outside of Champagne, France having to be called sparkling wine, or the name Tequila being restricted to spirits produced within a small area in Mexico and nowhere else in the world.
 

Alia

'Awa Grower/Collector
But nowhere else, right? If I grow Nene in Fiji, should I be able to call it Awa Nene, or should that name be restricted to Nene grown in Hawaii?

This sort of geographic indication works well for Vanuatu, and Hawaii, but not so much for Fiji or Tonga, since we haven't created "brands" around our cultivars.

But yeah, same as champagne produced outside of Champagne, France having to be called sparkling wine, or the name Tequila being restricted to spirits produced within a small area in Mexico and nowhere else in the world.
The way I am reading this proposed Vanuatu legislation is a little different.
They seem to be suggesting that if a specific cultivar of kava was developed, selected, from a specific area
then that cultivar cannot be sold by that exact name unless it is grown in that specific area of Vanuatu.
The only cultivar in Hawai'i that may qualify is Hanakapi'ai since it was found no where else but that Valley on Kaua'i.
Using that rule here would not work since no one lives there now.
I cannot think of any other Hawai'i cultivar that would qualify since their origins are scattered on all the main Hawaiian Islands.
As for Fiji, Lebot writes- "Cultivar qila is named after a famous village in Taveuni where the clone probably originated."
So using this rule unless you grow qila in Taveuni then it cannot be called qila.
Frankly I do not like this new Vanuatu Law.
There is too much I, Me, Mine in it.
 

kasa_balavu

Yaqona Dina
The way I am reading this proposed Vanuatu legislation is a little different.
They seem to be suggesting that if a specific cultivar of kava was developed, selected, from a specific area
then that cultivar cannot be sold by that exact name unless it is grown in that specific area of Vanuatu.
Isn't the only difference then, the size of the claimed growing area (a region/island vs a State or country)?

As for Fiji, Lebot writes- "Cultivar qila is named after a famous village in Taveuni where the clone probably originated."
Not to take away from your point, but this was just speculation by Lebot, and IMO he was wrong. Qila is a relatively new settlement, developed in the last fifty years. It's not an iTaukei (native Fijian) village. Qila is a word meaning a sturdy stick (often hooked) used in agriculture for clearing land. I think it's more likely the cultivar got its name from that stick.
 

nabanga

Kava Enthusiast
I think the Vanuatu law is mainly aimed to "give a little something" back to the farmers in the main individual kava growing islands - so, for example, people with more resources and business knowledge can't be growing Palarasul in the Solomons and exporting it as such, removing an opportunity from poor farmers in Santo.

Growers in Malekula can still grow and sell Melomelo that originated not far away in Ambae, but cannot capitalise on what has become a brandname.
I live in Asia and often see the likes of "Penesonic" batteries, "Adidos" sports shoes, etc - so hopefully the law doesn't allow such obvious loopholes as probably 90% of "new" kava drinkers worldwide have no idea that Melomelo comes from Ambae, or where Ambae is on a map (present company excepted of course). Someone could produce "MellowMellow" in Solomons and many people wouldn't know the difference, so the law would need to clearly define use of names and variations on names.
 

PurimGrogger

Because "Shell Silverstein" was already taken
I do a lot of work in this field. If the geographic origins are meaningful and distinguish the goods from others, then their designations are generally deserving of protection. Yes, it is similar to Scotch, cognac, Chianti, Tabasco, certain cheeses and the like. The "MellowMellow" example is very realistic and I was just speaking to someone recently about this type of scenario. It will be interesting to some to see how the terroir-based designations will develop to interface and overlap with varietal/strain designations and more creative good faith branding strategies. Less interesting will be the inevitable bad faith branding strategies . .
 
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Alia

'Awa Grower/Collector
Thanks @kasa_balavu for clarifying the Qila quote from Vincent Lebot. Yes, the issue here is that this new law would make the "claimed growing area" smaller .
So rather than a Nation claiming origin , it is a portion of the Nation saying only that portion can make that claim for whatever. --
Thanks also @nabanga for your mana'o on this issue. I see our discussion here along with @PurimGrogger comment as evidence that all of us share an above average interest in the concept of intellectual property.
The final concern I would express is that somatic mutations are a reality in kava plants.
In Hawai'i it is not uncommon for Papa 'Ele'ele to revert to Hiwa . I've commented before that there is even an old mele regarding 'Awa pairs.
I wonder what would happen in Vanuatu (if this proposed law gets enacted) if one farmer growing a cultivar endemic to that region finds the cultivar mutating to a cultivar from another region, another Island .
 

Michael Nielsen

Kava Enthusiast
Yes, it's similar but this is a bit more specific in that they are saying a particular cultivar of Vanuatu kava that comes from "XX" region of Vanuatu can only be sold by that name if it comes from "XX" region of Vanuatu.
In the example of champagne, I wonder if it has to be made from a particular cultivar of grape? from that region or can any cultivar of grape do as long as it is grown and beverage made in that region?
I dont believe its about taking patent on specific strains of kava.
But to protect the whole concept regarding vanuatu kava.
 

PurimGrogger

Because "Shell Silverstein" was already taken
Correct. It is about protecting signifiers of geographic designations of origin. It may result in the creation of a "certification mark" of sorts to be used and protected to add transparency about a kava's geographical source. In the champagne example, by the way, the product has to both be from that region and be made from a select few list of grapes.
 

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
I found myself in the middle of this topic during my kava research this week.

The Nagoya protocol has been established to deal with genetic material, indigenous knowledge, and biopiracy.

A copy of the Nagoya Protocol can be found here: https://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.pdf

I also came across a relatively new research paper (2020) regarding kastom, kava, and indigenous knowledge that directly speaks about the Nagoya Protocol in relation to kava (fair warning; it's a lengthy read)

Legal geographies of kava, kastom and indigenous knowledge: Next steps under the Nagoya Protocol:
 

Alia

'Awa Grower/Collector
I found myself in the middle of this topic during my kava research this week.

The Nagoya protocol has been established to deal with genetic material, indigenous knowledge, and biopiracy.

A copy of the Nagoya Protocol can be found here: https://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.pdf

I also came across a relatively new research paper (2020) regarding kastom, kava, and indigenous knowledge that directly speaks about the Nagoya Protocol in relation to kava (fair warning; it's a lengthy read)

Legal geographies of kava, kastom and indigenous knowledge: Next steps under the Nagoya Protocol:
The Nagoya Protocol is 11 years old. The Geoforum "book" is a couple months old and as I look through all of this I ask-
What is the legal requirement of any independent nation to follow all or any international law?
If an independent nation chose to ignore a specific international law, what's the consequence?
The summary or take-away from the Geoforum seems to imply- "...to prevent ‘misappropriation’ of traditional knowledge and genetic resources, and to ensure reasonable and practical outcomes for research and commercial interests also."
What would be the consequence of violation? What would be a violation, exactly?
My point is that while very well intended I am not sure this is going to mean anything with regards to an country such as Australia or the U.S.
Please, anyone, offer your mana'o on this issue if got.
 

Groggy

Kava aficionado
Admin
Correct. It is about protecting signifiers of geographic designations of origin. It may result in the creation of a "certification mark" of sorts to be used and protected to add transparency about a kava's geographical source. In the champagne example, by the way, the product has to both be from that region and be made from a select few list of grapes.
To further expand on this concept, I used to be in the wine business and in that world there were regulations set forth, in the example of French wines, The Appellation d’Origine Contrôlée (or AOC) sets the rules on all French wines. This regulatory commission makes sure that producers who wish to use a certain name for their wine (Champagne, for example) must follow a certain set of rules in making their product.

If such an organization could be created to oversee the kava growing regions, it would benefit all involved. Of course, just as in wine the quality of the kava could be subpar, even with a geographical stamp.

There will always be wines such as American mass produced ones, that indiscriminately abuse terms such as Burgundy, Champagne, Bordeaux to name a few. Anyone remotely interested, learns how to recognize the difference.

I imagine the same could be said & expected for kava.
 

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
The Nagoya Protocol is 11 years old. The Geoforum "book" is a couple months old and as I look through all of this I ask-
What is the legal requirement of any independent nation to follow all or any international law?
If an independent nation chose to ignore a specific international law, what's the consequence?
The summary or take-away from the Geoforum seems to imply- "...to prevent ‘misappropriation’ of traditional knowledge and genetic resources, and to ensure reasonable and practical outcomes for research and commercial interests also."
What would be the consequence of violation? What would be a violation, exactly?
My point is that while very well intended I am not sure this is going to mean anything with regards to an country such as Australia or the U.S.
Please, anyone, offer your mana'o on this issue if got.
You're absolutely right @Alia I stopped short of saying in my first message "Enforcement remains the #1 issue."
 

kasa_balavu

Yaqona Dina
Yeah, at the end of the day it's up to individual countries whether or not they ratify/adopt/follow these protocols. Until they write their own laws to address this stuff, they are under no obligations whatsoever.

Sadly, the US is not a party to the Nagoya Protocol. They've forced most of the world to toe the line and implement intellectual property laws, but when it comes to something like the Nagoya Protocol, which would ever so slightly diminish the ability of US megacorps to profit off indigenous knowledge, they won't have it.

It's really up to Americans themselves. If Hawaiian kava growers don't try and get this done, I doubt it ever will be. Perhaps I should fly over there and steal some of those sweet, sweet Hawaiian cultivars... scare them into action :p
 
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