The Intellectual Property Office has confirmed that no individual, community or organisation has registered the name “Nakamal” in Vanuatu.
The confirmation comes following concerns raised by the Malvatumauri National Council of Chiefs over the Government’s use of the name for the recently signed Nakamal Agreement between Vanuatu and Australia.
Compliance Officer at the Intellectual Property Office, Harry Abong, said the word “Nakamal” falls under the country’s legal protection for traditional knowledge and expressions of culture.
“In relation to the word ‘Nakamal’, it falls under what we call expressions of culture. Vanuatu has various laws that protect intellectual property, and we also have legislation that protects our expressions of culture and traditional knowledge. Nakamal falls within that category.”
Mr Abong said anyone who believes they have ownership or custodianship of the name can apply to register it through the Intellectual Property Office.
However, because the word is recognised as part of Vanuatu’s cultural heritage, the office would first seek advice from the Malvatumauri National Council of Chiefs before making any decision on an application.
“If someone applies to register the word ‘Nakamal’, the office will seek advice from the Malvatumauri Council of Chiefs. Once we receive that advice and ownership is verified, the office can issue a certificate of registration authorising the rightful owner of the name.”
The issue gained renewed attention after Malvatumauri President Paul Ravun expressed concern over the Government’s use of the name “Nakamal” for its bilateral agreement with Australia.
Mr Ravun said the Council does not oppose the agreement itself but believes there should have been wider national consultation before using a culturally significant name.
“We are not disputing the agreement that the Government has signed. Our concern is the use of the name ‘Nakamal’. There should have been consultation involving the Government, Opposition leaders, chiefs, church leaders, women, youth and communities across the Republic of Vanuatu.”
Mr Ravun said he had previously raised the matter several months before the agreement was signed but had not received a response from the Government.
Despite the concerns, Prime Minister Jotham Napat and Australian Prime Minister Anthony Albanese formally signed the Nakamal Agreement in Canberra this week.
In a statement, the Office of the Prime Minister said the name was chosen because the agreement reflects the values and spirit of the traditional nakamal.
