Rooibos is the subject of a trademark fight since a French firm Compagnie de Trucy tried to trademark the name last year. South African authorities objected to the registration of the term Rooibos and applied to register the term as a Certification Mark under the South African Trade Marks Act, under which a registration serves as the basis for international protection granted to Geographical Indications.
According to an article published by IPS news, Soekie Snyman, the spokeswoman for the South African Rooibos Council, who represents rooibos producers, said that the red tea needed to receive official trademark status in South Africa itself before it could qualify as a GI. Unlike a trademark, the name used as a geographical indication will usually be predetermined by the name of the place of production.
She argued that rooibos is part of South Africa’s heritage. “It is a unique plant, coming from the Cederberg mountain area. It is a caffeine-free beverage.”
GIs are becoming a useful intellectual property right for developing countries because of their potential to add value and promote rural socio-economic development. Most countries have a range of local products that correspond to the concept of Geographical Indications but only a few are already known or protected globally for example: Basmati rice or Darjeeling tea.
South Africa still does not have a legal framework for unique indigenous products like rooibos. Therefore, local industries cannot legally prevent other foreign companies trademarking terms such as “rooibos” as they have not registered the necessary trademarks, often because of the high costs.
Because of its unique characteristics (caffeine-free with strong anti-oxidant properties) and its geographical exclusivity (it is traditionally grown in the Cederberg region, 250 kilometres to the north of Cape Town) rooibos could qualify for protection as a geographical indication (GI) in the same way as other origin-based names such as champagne, port and sherry.
If South Africa manages to get a GI for rooibos, it could also enhance the chances of protection for other similarly unique products in South Africa such as honeybush. Also, the same criteria could apply to products from other countries of the Southern African region - such as Mozambican prawns, Botswana beef and Namibian oysters.
Source:
Storm in a teacup between EU and South Africa, IPS news, 15 avril 2013 ; Rooibos fights to protect its name, Business Day, 3 February 2013