Read The Times Australia

Daily Bulletin

The Manuka honey fight is one we have to have

  • Written by: William van Caenegem, Professor of Law, Bond University
image

The current row about the certification of Manuka honey, and whether it is a distinctly New Zealand product, is just the latest dispute involving Geographical Indications (GIs). These are markers that products have special qualities due to their origins in a specific region, like Champagne.

There is a debate as to whether a registered GI system for food should be adopted in Australia. It might be good for our farmers – to more effectively protect King Island Beef, Bangalow pork or Tasmanian lobster against low quality imitations. But would it be in the best interest of Australian producers and consumers to simply capitulate to demands about New Zealand Manuka, or about GIs in general?

Why GIs?

Registering a GI can stop imitators riding on the coattails of local producers who have worked hard to build the reputation of their typical local product, be it cheese, processed meat or quality fruit.

To date, Australia has not copied the European GI system, other than for wine. In Europe, “Roquefort”, “Kalamata” and “Feta” and many other terms can never be used for products from other regions, or that do not follow detailed specifications.

Australia has no laws, for instance, that specify Mareeba Mangoes must come from a region identified by regulation as “Mareeba”, that Tasmanian whisky must be distilled from Tasmanian ingredients, or that Batlow apples are a particular variety, picked at certain times, and from a place whose borders have been clearly delineated by law as being “Batlow”.

The lack of these prescriptive laws also means producers are free to use certain terms protected as GIs overseas, arguing that they are considered generic here. Australian cheese makers, for instance, are free to use the word “Feta”. In Europe, it can only be used by producers from a particular region in Greece, for cheese made in a prescribed manner.

But geographic indicators can also be valuable for consumers.

Where a GI is declared then strict product specifications, about milk quality and processing methods for a cheese GI for instance, also ensure consumers get what they bargain for and are protected. Pro-GI lobbyists argue that because of its simple regulatory model, the GI system is an effective way to protect consumers against deceptive origin branding practices.

Wine is protected

Australia has adopted GIs for wine. The most well-known foreign example is Champagne – a region in France that produces the famous sparkling wine. Because the term is officially registered as a GI, nobody is allowed to use the name Champagne unless the wine is produced from grapes grown in the Champagne region and it is made according to a prescribed production method.

We introduced a system to register wine GIs in the 1990s after entering into a treaty, recently renewed, which gave us better access to European wine markets.

Prior to this we were free to use terms like Champagne in a purely descriptive sense: signifying sparkling wines generally (including Australian ones) rather than one actually originating in France. Now, both European and Australian wine regional names are registered and reserved for producers from the region itself – e.g. Champagne, Burgundy, Chablis, and Barossa, Hunter Valley and Koonawarra.

A debate we have to have

GIs have been a source of tension between Europe and Australia for some time, and will likely come up again in the current free trade negotiations.

The Europeans would like to recover a monopoly over geographical terms, even where they have become purely descriptive in some other countries. Among other things, this would mean no more Australian-made feta, parmesan and gorgonzola cheeses, or local Valencia oranges – the style or variety can be copied, but not the name.

This is something Europeans partially achieved in their recently concluded free trade agreement with Canada.

Which takes us back to Manuka honey – New Zealand is arguing that the name has become so closely associated with NZ origins, that any other country should call their honey something else, even if it is an identical product.

Admittedly the reputation that Manuka honey has built up among consumers results from the promotional efforts of NZ producers and associations. But here’s the rub: Manuka honey is named for a certain tree or bush. One which is prevalent in Australia as well, but called a tea tree.

So if a producer in Australia makes honey from bees that have foraged on local tea trees, then why should it not be called “Manuka Honey”? After all, it originates from exactly the same tree and has identical characteristics to Manuka honey from NZ. Might the Australian honey not actually be better than NZ honey, with more health benefits? And if not Manuka Honey, what should the Australian equivalent be called?

A GI registration system is one way of preventing these types of difficult issues arising - who gets to use a geographical term and on what basis can be sorted out beforehand. Given Australia’s reputation for clean and green food, the system could potentially work well for us. We could send clear signals to consumers around the world and so tell the “back story” of our regional foods.

GI registration won’t work for all farming communities or products. It could also cause a lot of upheaval for those currently producing local versions of foreign specialities, or where ordinary trade marks already occupy the space. But for some farmers it could trigger effective collaboration to secure the future value of a champion local food.

Authors: William van Caenegem, Professor of Law, Bond University

Read more http://theconversation.com/the-manuka-honey-fight-is-one-we-have-to-have-78261

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Accurate Measurements Matter When Ordering Flatpack Cabinets

Ordering flatpack cabinets can make a renovation or storage project more manageable, but the proce...

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...