Diet supplements company seeks to copyright 'manuka'

A New Zealand manufacturer of dietary supplements is trying to tie up the name "manuka" as its own intellectual property.

Natural health products company Comvita -- which sells manuka honey purported to have special healing qualities -- has applied to register the name "manuka" in the European Union.

It said today that the bid to effectively copyright the name was made after concerns were raised by manuka honey exporters that the word was legally unprotected in Europe and could fall into the wrong hands.

Nectar from some manuka -- a leptospermum species also found in Australia -- produces a valuable "active" honey. The anti-bacterial properties of ordinary honey -- due to hydrogen peroxide produced by a glucose enzyme -- have been known to traditional healers for centuries, but other "bio-active" compounds in some strains of manuka honey are found only in New Zealand and Australia.

While the effects of the glucose enzyme are broken down by heat, light and other enzymes, the additional healing component of manuka honey does not break down in the same conditions and it can be used to treat some wounds and ulcers.

Comvita has been targeting the medical wounds market, which is worth $6 billion worldwide, and has approvals that allow its manuka honey dressings to be sold in all European markets. On average, 120 tonnes of "active" manuka honey is sold nationally each year, and it sells for up to 10 times the normal retail value of ordinary honey.

Sue Irwin Ironside, partner at intellectual property lawyers Baldwins said "manuka" would be exceptionally difficult to protect in New Zealand as it was in general use, but that was not the case in other countries.

"In Europe, for example, manuka would be an uncommon name and could be registered by a company that is unconnected to New Zealand -- even though manuka is exclusive to New Zealand," she said in a statement.

New Zealand exporters recently lost the use of the name "Kiwi" on any wine sold in Europe, after it was registered by Loire valley wine producer Andre LaCheteau for a dry white wine made from French grapes called Kiwi Cuvee.

Comvita chief executive Brett Hewlett said people in other countries were already trying to register "manuka" as a trademark or brand elsewhere in the world.

"It's important to ensure that registrations for manuka don't fall into the wrong hands as that could result in legitimate exporters being sued for trademark infringement," he said.

Mr Hewlett said that Comvita had a "holding position" in Europe but the industry needed to deal with the copyright issue collectively. "It is not, and never will be, Comvita's intention to obstruct any New Zealand-owned manuka product brands from selling in the EU," he said.

Healthy competition in such a vast market could only build credibility for the therapeutic properties NZ manuka honey.

National Beekeepers Association executive officer Jim Edwards said he was pleased to see moves being made to protect the name for manuka products.

"We must protect the reputation of New Zealand honey internationally and within our home market."

And New Zealand Honey Packers and Exporters Association chairman Allen McCaw said it was wise to protect the brand or name overseas to ensure New Zealand did not lose out to offshore interests.

"As long as there are no restrictive practices that prevent any New Zealand honey company using the name "manuka" then we are comfortable," he said.

- NZPA