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Final prohibition on use of ‘Honeybush’

25th October 2013

By: Callie Lombard

  

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This is the fifth instalment of this column this year that deals with the protection of South African intellectual property and the second dealing with Honeybush. On August 16, a notice from Trade and Industry Minister Rob Davies appeared in the Government Gazette in terms of the Merchandise Marks Act, 1941, prohibiting use of the words Honeybush, Heuningbos, Honeybush tea and Heuningbos tee. (Honeybush is part of South Africa’s unique fynbos biome, of which there are 23 known species. The bushes grow wild in the Western and Eastern Cape provinces.)

This notice followed a request from the South African Honeybush Tea Association (SAHTA). The proposed prohibition pertains to the use of these words in connection with any trade, business, profession or occupation, or in connection with a trademark, mark or trade description applied to goods, other than the use by SAHTA members, of any other party in accordance with the ‘rules of use for Honeybush’ published as an annexure to the notice.

In the initial notice, the Registrar of Trade Marks invited comments by no later than September 16.

According to the annexure, the name Honeybush can only be used to refer to the dry product, infusion or extract that is 100% pure Honeybush derived from Cyclopia spp and which has been cultivated or wild- harvested in the geographic areas described in the application.

Honeybush may be blended with teas, infusions and other products, whether or not for human consumption. The labelling of such products must conform with the rules governing the labelling of products in the territory where the product is marketed.

As a guideline, to carry as a product designation the word Honeybush, the final product must contain 100% Cyclopia spp or at least adhere to the statutory standard.

If it is a Honeybush-blended tea or infusion, Honeybush can be used as the main descriptor (“Honeybush<<other product>>”), provided that Honeybush is the main ingredient, the extract percentages appear on the label/packaging and the final product must still be recognisable as Honeybush, as charac- terised in the description of the product.

If it is a blended tea or infusion, it can be called “<<other product>> and Honeybush blend” as descriptor only if it contains Honeybush and on conditions that Honeybush provides a distinctive character to the product, the exact percentage of the Honeybush content appears on the label/packaging and the product with the highest percentage appears first on the label.

Honeybush-flavoured tea or infusions with liquid flavours (flavoured Honeybush) can be called “Honeybush <<liquid flavourant>>” on condition that Honeybush is the main ingredient (after water), the exact percentage of Honeybush content appears on the label/packaging and the final product must still be recognisable as Honeybush, as characterised in the description of the product.

Following guidance from the SAHTA, other products (for instance extracts, soaps, cream, yoghurts and liquor, besides others) may be called “Honeybush <<other product>>” only if they contain Honeybush on the condition that Honeybush (or Cyclopia spp) appears on the list of ingredients and it can be proved that Honeybush adds to the characteristics of the product.

It would be interesting to know whether these are the only two South African intellectual properties that will be protected or whether more notices for protection will follow. If more were to follow, what would these be?

Excise Account – January 2014
On October 11, the South African Revenue Service (Sars) informed of the substitution in rule 119A.R101A(10)(d) of paragraph (e) of the Customs and Excise Act (Act). The amendment relates to the new implementation date for excise accounts to be filed through e-filing, effective January 30, 2014. The rule reads: “(e) From January 30, 2014, a licensee of a customs and excise warehouse may submit accounts to Sars only in terms of the e-filing service.”

Cheques Exceeding R100 000
Sars on October 11 informed of the insertion of rule 120.12(a) and rule 120.12(b) into the Customs and Excise Act under the heading ‘Payment by cheque’, relating to the non- acceptance of cheques at Sars offices or by post for amounts in excess of R100 000.
The rules read: “120.12 (a) No payment by cheque [for amounts] in excess of R100 000, including any payment relating to value-added tax on imported goods as contemplated in the Value-Added Tax Act, 1991 (Act No 89 of 1991), may be made at a South African Revenue Service office or by post, unless the commissioner, having regard to the circumstances, directs otherwise. (b) For the purposes of paragraph (a), the total payments by cheque by any person on any day may not exceed R100 000 for any number of payments required to be made on that day.”

The rules are effective from October, 11.

Tariff Amendments
On October 11, Sars informed of the following tariff amendments, which have varying implementation dates.
The termination of the antidumping duties (Part 1 of Schedule No 2 to the Act) on door locks and door handles, classifiable in tariff subheadings 8301.40 and 8302.41, originating in or imported from the People’s Republic of China. Implementation date is August 21.

RAF Levy
The increase in the Road Accident Fund (RAF) levy rate on rail from 88c/ℓ to 96c/ℓ as announced in the 2013 Budget Review. The amendment relate to the substitution of Note 6(b)(iv) in Part 3 of Schedule No 6 to the Act with the following: “(iv) Locomotives used for rail freight other than those used in farming, forestry or mining, as provided in these Notes is 96 cents per litre Road Accident Fund levy”. Implementation date is April 3.
The insertion of Rebate Item 303.01/1511.90/03.06 (Part 3 in Schedule No 3 – Industrial Rebate) for refined, bleached and deodorised but not fractionated palm oil used in the manufacture of edible fates or oils. The Rebate Item reads “Palm oil, refined, bleached and deodorised but not fractionated, for the manufacture of edible mixtures or preparations. Full duty of animal or vegetable fats or oils, or of fractions of different fats or oils of Chapter 15, classifiable in tariff subheading 1517.90”. The implementation date is October 11.

Frozen Chicken Meat
On September 30, Sars informed of the amend- ment of Part 1 of Schedule No 1 relating to the increase in the rate of customs duty on frozen chicken meat, classifiable in tariff subheadings 0207.12.20, 0207.12.90, 0207.14.10, 0207.14.20 and 0207.14.90.

Tariff Amendments
Sars has published draft tariff amendments, including the proposed amendments to implement the tariff phase-downs for 2014 with effect from January 1, 2014. Comment is due by October 29.

Mining Rules
Sars has notified of the proposed substitution of Note 6(f)(iv) of Part 3 of Schedule No 6 relating to mining activities for sand, stone, rock, soil (other than topsoil), clay, gravel and limestone, except through quarrying. Dredging, surface collection and underground operations are excluded. Comment is due by October 30.

Edited by Martin Zhuwakinyu
Creamer Media Senior Deputy Editor

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