Transcript
Trademarking "Bula" means Ross Kashtan can take legal action to prevent other businesses like his using the word in the US.
An indigenous Fijian, Joseph, typifies the view of many iTaukei when saying he's disgusted with the move.
"I don't approve of the unsolicited use of certain aspects of my culture, especially when those aspects of my culture have been somewhat secured for the financial interests of a foreigner and outsider, and misrepresented in a way for financial gain.
"If you're going to use if for commercial purposes, you might want to do your research, you might want to gain some sort of consent. Hopefully at the end of the day, there should be more policies, diplomatic policies in terms of trademarks and trade when using non-material cultural items such as language."
He claims that Ross Kashtan's online presentations of the Fiji tradition and kava consumption are misinformed.
Although Mr Kashtan declined an interview with RNZ Pacific, the American businessman said he only trademarked 'Bula' to protect his business in the US.
He insists he has great respect for Fijian tradition
But Tarisi Vunidilo, a Fijian academic at the University of Hawaii, says Mr Kashtan failed to get Fijian consent before trademarking the word.
"He has relationship with Fiji whatsoever. Even on his website that he calls Bula Nation, he mentions there that even the kava is not sourced from Fiji. The kava is from Vanuatu. So why is he using Bula for his Bula Nation? And in that way there's a lot of misrepresentation."
She says before trying to trademark the word, Ross Kashtan's first step could have been checking with the Fiji embassy in Washington DC and seeking their cultural and professional advice.
"That would have been his first port of call. he could have got some advice frmo there, because they also have a business arm at the embassy there. And then if you want to do further consultation, then there's ther FIji Business Council in Fiji, and there are many organisations that are also available online if he needs to contact them. If it's kava related, we have a Fiji kava council." 24
A Fiji MP, Niko Nawaikula, says the case has exposed the lack of laws, globally, to enforce the ownership rights of indigenous people WHICH ARE intrinsic to their culture.
Mr Nawaikula says he is not counting on the Fiji government to do anything as he says it has been undermining indigenous rights through moves such as dismantling the great Council of Chiefs (and disallowing indigenous Fijians using their language in parliament).
Mr Nawaikula says the UN declaration on Indigenous rights may offer an avenue for pursuing the issue.
Meanwhile, Dr Vunidilo has started an online petition against Ross Kashtan's move.
She says the petition gained over 2,000 signatures within a day, and should eventually be presented to Mr Kashtan in the hope he'll take some action.
