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Pacific countries push to have kava protected by intellectual property rights

Pacific Island nations lead by growers and officials from Vanuatu, Tonga and Fiji want to protect kava as intellectual property by implementing a geographical indication (GI) marker.

This initiative is driven by the special role kava plays in their cultures and economies, particularly in Vanuatu, where it is a major part of daily life and a key export.

The growing global demand for kava, spurred by its reputed relaxation and stress-relief properties has led to an increase in its commercialisation, while opening up the potential for new markets, according to a report by the ABC.

The GI marker is a sign used on products that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially attributable to that origin. Its purpose is to ensure that only those products genuinely originating in that region are allowed to use the established name ‘kava’. This protects both consumers and producers: consumers can trust the quality and authenticity of products bearing the GI, while producers benefit from the enhanced market value of their goods.

Officials have endorsed a regional kava strategy with the aim of obtaining a GI, together with pursuing bilateral recognition in trade deals.

But Monash University law professor Mark Davison says Pacific Island nations could face challenges convincing other countries to accept GI for kava through trade deals.

‘Going by the history of the United States, and its approach to geographical indications, that will be hard,’ he says.

Another difficulty could be the name.

Kava is used to identify the plant harvested for the beverage, known scientifically as Piper methysticum.

‘They do have the problem of what do you call it, if it’s grown in, say, Florida? Because at the moment you call it kava, and I’m not aware that there’s any other name for it.’

Stakeholder support for a GI, however, is not unanimous – Jon Naupa from Vanuatu believes marketing and promotion should be prioritised over the GI. Praveen Narayan from Fiji, fully supports the GI initiative, highlighting kava’s deep cultural significance and long history in the Pacific.

A meeting of the nations this month in Fiji aims to have a final agreement concluded on the way forward for the Pacific’s most famous drop.

Image credit: Forest & Kim Starr, CC BY 3.0

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