Page 22 - IB August 2024

Cover

to disclose the origins of the biogenetric material used in the
kava extract.
Said Aporosa: “We need to remember it’s a treaty in
which ‘Contracting Parties undertake to adopt the measures
necessary to ensure the application of this treaty’ (Article 9).’
“Therefore, unlike international law for instance, the WIPO
treaty relies on buy-in and action at the State/Government
level, together with ethics, morals and goodwill by business
operators who interact with intellectual property, genetic
resources and traditional knowledge holders. It is right here
that I have major concerns.”
He said a business group called the American Kava Culture/
Coalition (AKC), had “trademarked a new American kava
We have to ask whether the Pacific or cultivar under the name ‘Kalikava’” which they had ‘taken’
traditional societies have the resources or from Hawaii and were growing in California and Florida.
can afford to engage lawyers to protect their “When challenged on this and told that growing kava in
traditional knowledge? the USA amounted to biopiracy and cultural appropriation,
that this counters WIPO principles, and that their actions also
Kava Korp Executive Chairman, John Sanday threaten small-holder Pacific kava farmers, exports, and GDP,
the AKC dismissed this, saying we had it all wrong. The AKC
stated in a [newspaper] article that they care for the peoples
of the Pacific, evidenced in that their USA-based kava growing
to protect their traditional knowledge?” said Sanday. operation would expose more Americans to kava, therefore
“How will that work? It (the treaty) is great, but how do ‘grow the pie’, and ultimately benefit the Pacific through
we enforce it? If a big American corporation wants to do it increased kava exports.
(patent), is a small community group in Fiji going to go and “The AKC’s dismissal of the Pacific’s efforts to protect one
take them on in American courts and fight them? It’s the State of our key genetic resources as a ‘waste of time’, together
that has to do it on their behalf.” with suggestions their US kava cultivation will ‘grow our
Furthermore, the patent for the kava extract was made export pie’ is absurd, amounting to little more than spin and
before the treaty came into force on May 24 this year, which deflection. The growing of kava on an industrial scale outside
means it is out of the bounds of the treaty’s provisions due of the Pacific will inevitably harm Pacific kava exports.”
to a clause in the treaty called non-retroactivity, which says Aporosa said he is not against kava sales, kava exports, kava
that contracting parties shall not impose the obligations upon bars or non-Pacific peoples drinking kava.
applications filed before the treaty came into force. “I also personally know several ethical kava businesspeople
Rao said that means the patent applicants are not required and kava bar owners in the US and elsewhere. We need to
support and acknowledge these ethical operators as they
are vital to the future of kava, our kava farming families and
Pacific economic growth. What I am concerned about are the
unscrupulous actors, the biopirates and ‘drug dealers’ who
are hiding addiction and misery behind safe kava, threatening
both our economic growth potential and the reputation of our
cultural keystone species based in 2000+ years of traditional
knowledge and safe use.”
Aporosa said if the Pacific is going to look to WIPO to
protect the Pacific kava industry and its potential to drive
economic growth, and considering the treaty is between
‘contracting parties’, this requires not only securing
geographic indication protection for kava like Champagne, but
also a united Pacific government-led response.
“That response needs to be directed to governmental
oversight like the US Mission to WIPO/World Trade
Organization at the Department of State. Only at this level
will we gain the protections we need over kava, a genetic
resource and traditional knowledge owned by the peoples of
the Pacific.”

A Fijian farmer uproots kava roots. Photo: Kava Korp

22 Islands Business, August 2024