As you may recall, in May 2023 we were informed the Australian
Manuka Honey Association (AMHA) was successful in opposing the ‘Manuka’ naming
rights trademark case in New Zealand (NZ).
This triumph over the Kiwis came after waiting 19 months for a judgement
from the NZ Intellectual Property Office (IPONZ). The judgement was a
solid legal victory in our favour and the case was one of the most complex and
long-running proceedings in NZ history. Further to this win, we were
delighted in late June last year to be informed that the Mānuka Charitable
Trust (MCT), the organisation used to apply, will not appeal the IPONZ
decision. This saved us from having to
mount a further defence in NZ to a fruitless pursuit for the Australian honey
industry, as we cannot sell honey into NZ because of biosecurity border
restraints.
Most importantly, the victory in NZ replicated the decision
of the United Kingdom Intellectual Property Office (IPOUK), who also found the
case in Australia’s favour. During this
time, the AMHA had to fund and provide a legal defence to a High Court appeal
from NZ, which they discontinued on the 23rd December 2022, spelling the end of
an expensive 5-year fight for the Australian Manuka honey industry.
Consumers buy Manuka honey because of its methylglyoxal (MGO)
content, which gives the honey its unique antibacterial properties, not because
it comes from Australia or New Zealand. That is the position of the AMHA and Hive +
Wellness Australia (HWA) and the direction we take in the education of consumers. We are fortunate that with the greatest
diversity of Leptospermum cultivars found here in Australia, Australian
beekeepers can produce pure quality Manuka honey with the highest levels of
MGO.
We are grateful for the support of the Federal Department of
Agriculture, Fisheries & Forestry (DAFF) and the Attorney General’s
Office. However, it should be noted that
most of our expansive legal costs across various jurisdictions has been borne
by our industry, most notably by HWA Manuka beekeepers. This has been a wasteful drain on resources
and effort, perpetuated by a misinformed segment of the NZ industry seeking a
commercial monopoly for the naming rights of Manuka honey.
The AMHA priorities now are having to defend our AMHA
trademark in various jurisdictions, due to opposition from NZ. There
remains much to accomplish and defend, but we are clearly winning. Whilst
I hesitate to say the fight is over, with your help, we have been able to fund
our legal bills and as we announced at District Visits, we have suspended the 10c/kg
Manuka levy. From July 2025, you will
see that this levy reduction has been removed from Manuka honey prices.
HWA and the AMHA will keep you updated as new developments
arise, as we hope this fight is over and there are no future expensive legal
battles. We can now concentrate on promoting
and selling the unique health benefits of Australian Manuka honey to the world.
Ben McKee