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South Africa fights to protect rooibos tea name after French trademark bid South Africa fights to protect rooibos tea name after French trademark bid
(about 1 hour later)
It is a tea not quite like any other. It can be drunk hot or cold, with milk or without, by infants and pensioners alike. Six cups a day are said to be good for the health, and rinsing in it can supposedly work wonders for pets with skin allergies.It is a tea not quite like any other. It can be drunk hot or cold, with milk or without, by infants and pensioners alike. Six cups a day are said to be good for the health, and rinsing in it can supposedly work wonders for pets with skin allergies.
Rooibos ("red bush" in Afrikaans) has been grown exclusively in South Africa for generations and is now worth an estimated 600m rand (£40m) a year for the country. So a French company's attempt to trademark its name was never going to be dismissed as a mere storm in a teacup.Rooibos ("red bush" in Afrikaans) has been grown exclusively in South Africa for generations and is now worth an estimated 600m rand (£40m) a year for the country. So a French company's attempt to trademark its name was never going to be dismissed as a mere storm in a teacup.
The South African Rooibos Council has written to French authorities demanding clarification of the audacious move by Compagnie de Trucy, fearing that it could prevent South African companies from selling tea under the rooibos name in France.The South African Rooibos Council has written to French authorities demanding clarification of the audacious move by Compagnie de Trucy, fearing that it could prevent South African companies from selling tea under the rooibos name in France.
First, however, it had to hastily find a translator, since challenges to trademark applications must be submitted in French. "We only had four days notice of this," said the council co-ordinator Soekie Snyman. "Fortunately there is an ex-Capetonian working in the embassy and a French research institute who were extremely helpful." First, however, it had to hastily find a translator, since challenges to trademark applications must be submitted in French. "We only had four days' notice of this," said the council co-ordinator, Soekie Snyman. "Fortunately there is an ex-Capetonian working in the embassy and a French research institute who were extremely helpful."
Snyman said she had no problem with rooibos-related trademarks anywhere in the world, but would object if it transpired that the French company was seeking exclusive ownership. "We had to file an observation with the French trademark authority to say we don't want just one company to have the right to use the term rooibos. We are still enquiring about their intentions." Snyman said she had no problem with rooibos-related trademarks anywhere in the world, but would object if it transpired that the French company was seeking exclusive ownership. "We had to file an observation with the French trademark authority to say we don't want just one company to have the right to use the term rooibos. We are still inquiring about their intentions."
Rooibos is to South Africans as Earl Grey became to the English, and this is not the first such fight over the beloved name. South Africa reached an out-of-court settlement with Burke International in 2005 protecting the term rooibos in the US. Last year it successfully blocked another French company from making a similar application. Rooibos is to South Africans what Earl Grey became to the English, and this is not the first such fight over the beloved name. South Africa reached an out-of-court settlement with Burke International in 2005 protecting the term rooibos in the US. Last year it successfully blocked another French company from making a similar application.
Snyman tried to look on the positive side. "It shows there is increasing popularity of rooibos. We've seen uptakes in foreign markets as well as domestic growth," she said.Snyman tried to look on the positive side. "It shows there is increasing popularity of rooibos. We've seen uptakes in foreign markets as well as domestic growth," she said.
Caffeine-free and rich in minerals, antioxidants and vitamins, rooibos is traditionally grown in the Cederberg region 150 miles north of Cape Town. The plant is harvested, cut and sprayed with water, and the damp leaves are allowed to ferment for 12 hours before being spread out and dried in the sun, giving them a distinctive amber hue. Caffeine-free and rich in minerals, antioxidants and vitamins, rooibos is traditionally grown in the Cederberg region 150 miles north of Cape Town. The plant is harvested, cut and sprayed with water, and the damp leaves are allowed to ferment for 12 hours before being spread out and dried in the sun, giving them a distinctive amber hue. South Africa began exporting the tea in 1904 and now 70% goes to European Union states. The industry employs about 4,500 people.
South Africa began exporting the tea in 1904 and now 70% goes to European Union states. The industry employs about 4,500 people.
"I think it's one of the most special products," Snyman said. "It comes from an internationally recognised biodiversity hotspot and areas where there is not a lot of other economic activity. Many of us have grown up cultivating it and have a lot of fond memories. It's got a natural sweetish taste and a lot of health benefits. It's different from other herbal teas.""I think it's one of the most special products," Snyman said. "It comes from an internationally recognised biodiversity hotspot and areas where there is not a lot of other economic activity. Many of us have grown up cultivating it and have a lot of fond memories. It's got a natural sweetish taste and a lot of health benefits. It's different from other herbal teas."
The council ultimately aims to secure a status like that of champagne, darjeeling tea, basmati rice and Colombian coffee. "If we can get protection of rooibos in the EU as geographic indicator, any other country in the future that managed to grow it would not be allowed to call it rooibos," Snyman said. "People pay a lot for champagne as opposed to sparkling wine because of its exclusivity. It would be good if we could make rooibos something exclusive too."The council ultimately aims to secure a status like that of champagne, darjeeling tea, basmati rice and Colombian coffee. "If we can get protection of rooibos in the EU as geographic indicator, any other country in the future that managed to grow it would not be allowed to call it rooibos," Snyman said. "People pay a lot for champagne as opposed to sparkling wine because of its exclusivity. It would be good if we could make rooibos something exclusive too."
To this end the council is seeking to have rooibos legally protected in South Africa and then in the EU. This month the South African trade ministry proposed regulations to protect rooibos under the merchandise marks act, stating: "The name rooibos can only be used to refer to the dry product, infusion or extract that is 100% pure rooibos – derived from Aspalathus linearis and that has been cultivated or wild-harvested in the geographic area as described in this application." To this end the council is seeking to have rooibos legally protected in South Africa and then in the EU. This month the South African trade ministry proposed regulations to protect rooibos under the Merchandise Marks Act, stating: "The name rooibos can only be used to refer to the dry product, infusion or extract that is 100% pure rooibos – derived from Aspalathus linearis and that has been cultivated or wild-harvested in the geographic area as described in this application."
Frank Oberholzer, a spokesman for the European Union delegation in South Africa, said: "It is our understanding that the term rooibos has been published under the merchandising marks act. We welcome this development and now look forward to receiving the South African application for protection of the term rooibos. It will be examined carefully by the European commission services once it is officially received." Frank Oberholzer, a spokesman for the EU delegation in South Africa, said: "It is our understanding that the term rooibos has been published under the merchandising marks act. We welcome this development and now look forward to receiving the South African application for protection of the term rooibos. It will be examined carefully by the European commission services once it is officially received."
But some have questioned why the government did not take action eight years ago when the first battle erupted in the US. Brian Wimpey, of the legal practice Norton Rose Fulbright, said: "It should have been protected and why they haven't done so, I don't know. The 2005 US case should have rung serious bells."But some have questioned why the government did not take action eight years ago when the first battle erupted in the US. Brian Wimpey, of the legal practice Norton Rose Fulbright, said: "It should have been protected and why they haven't done so, I don't know. The 2005 US case should have rung serious bells."
He questioned whether rooibos could claim geographic status like champagne. "One of the problems is you can't register it technically because it's a generic term. I can't register 'good lawyer' because anyone can call themselves 'good lawyer'. I expect it's similar to champagne – we in South Africa have agreed not use to 'champagne' for anything not from Champagne – but in my view it's a generic term, it's the name of a tea commonly used in South Africa."He questioned whether rooibos could claim geographic status like champagne. "One of the problems is you can't register it technically because it's a generic term. I can't register 'good lawyer' because anyone can call themselves 'good lawyer'. I expect it's similar to champagne – we in South Africa have agreed not use to 'champagne' for anything not from Champagne – but in my view it's a generic term, it's the name of a tea commonly used in South Africa."
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