Wai 262 See Urgent Need for Taonga Framework as Mānuka Honey not recongised in IPONZ Ruling

 
Wai 262 Taumata Whakapūmau are disappointed with today's ruling not to certify the trademark of Mānuka Honey  by the Intellectual Property Office of New Zealand (IPONZ). Wai 262 Taumata tautoko Mānuka Charitable Trust and its partners who see this as a step backward for Aotearoa after years long court battles.
 
Haami Piripi, Wai 262 Taumata Whakapūmau representative and Te Rarawa Wai 262 Representative says, 
“The opportunity to establish an equitable model recognising the importance of these issues has been wasted by IPONZ and signals a torrid time ahead as we continue to battle across the board for the adequate recognition of our indigenous interests. We do not and will not resile from the frontline in fighting for these rights and interests.”
 
“Today’s ruling shows that the Taonga Framework is urgently needed and that Wai 262 protection mechanisms are required.” 
 
“Had the Wai 262 ‘Ko Aotearoa Tēnei’ report recommendations been implemented and appropriate Taonga protections enabled across international instruments, we could have had mānuka protected.” says Piripi 
 
IPONZ has been considering the position around the registration of the term Mānuka Honey as a certified trademark. The certified trademark would have required that any use must acknowledge Aotearoa as the ingredient’s place of origin. 
 
Due to the genealogical ties of the Mānuka tree plant and that the honey derived from it is of Aotearoa descent, Wai 262 Taumata Whakapūmau are disconcerted by the outcome as the protection of the term should be in the hands of those who the term ties to. 
 
Mānuka Charitable Trust chairman Pita Tipene says “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 (guardians) to protect the mana, mauri, and value of our taonga species, including Mānuka on behalf of all New Zealanders is not contestable”
 
Along with the disappointment of the Mānuka Charitable Trust that the role of kaitiaki, te reo Māori and the taonga Mānuka is not being respected, Piripi says that this is just the beginning of a long battle.
 
“Had Wai 262 recommendations been implemented sooner, cases like this could have been avoided. It is because of this sort of exploitation of our taonga, that protection mechanisms are urgently needed. We are working with Mānuka Charitable Trust on a Mānuka case study, taking learnings from this long standing issue to help inform our technicians in their mahi developing the Taonga Protection framework. It is because of this sort of exploitation of our taonga, that protection mechanisms are urgently needed”.
 
Wai 262 Kahu Aronui technician and intellectual property expert, Aroha Mead (Ngāti Awa, Ngāti Porou) says, “The current conventional intellectual property laws do not adequately protect taonga. So this step backwards in the progression of appropriately protecting taonga Māori is not of importance for a group like IPONZ. By giving Mānuka Charitable Trust the trademark it would allow the Wai 262 Taonga Framework we are developing to protect taonga in court processes and places Māori front and centre in the decision making of Māori IP here in Aotearoa”.
 
Wai 262 technicians are working on a taonga protection Framework, including Sui Generis legislation, that would end the misappropriation of taonga like Mānuka. The Framework considers mātauranga, flora and fauna, traditional cultural expressions and biological and genetic resources.
 
Wai 262 Taumata Whakapūmau also recognises the efforts of Minister Mahuta for the opportunity to continue the Wai 262 legacy and ensure that the voice of Māori is not only heard but determines the outcome for such properties significant to Aotearoa. 
 
Ends