Breaking Boba: Bad Vibes Bubble Up
Boba tea is having an extended moment. The tea, often referred to as “bubble tea” or “bubble milk tea,” was invented in Taiwan in the early 1980s. It contains chewy tapioca balls, often called “pearls,” though other toppings appear in some versions.
The Global Rise of Bubble Tea
The tea gained global popularity in the 1990s, especially in Asia, and then spread to countries with large East Asian populations. It is closely tied to Taiwan and its culture. Taiwan even celebrates National Bubble Tea Day.
The Controversy Around Bobba’s Dragon Den Pitch
When Bobba, a startup producing packaged bubble tea, appeared on “Dragon’s Den,” the Canadian version of “Shark Tank,” important questions arose. Simu Liu, a potential investor, questioned how Bobba’s owners approached bubble tea’s cultural significance. In short, they didn’t.
Liu, best known for his role in Marvel’s Shang-Chi and as a “Ken” in Barbie, asked the Bobba team why their product seemed disconnected from its Taiwanese heritage.
Bobba’s owners started their pitch badly and never recovered. They began by saying with boba tea, “You’re never quite sure about its contents.” The presentation resembled an “As Seen on TV” commercial. It focused on the gimmick of “boba in a bag” instead of the tea’s cultural and historical roots. They also tried to push the narrative that Bobba was “healthier and more convenient than traditional boba tea.”
Liu found the pitch distasteful. He said, “There’s an issue of taking something that’s very distinctly Asian in its identity and making it better, which I have an issue with.”
How the WIPO Is Protecting Traditional Knowledge and Cultural Heritage
The World Intellectual Property Organization (WIPO) seemed to agree with Liu. It recently adopted a treaty aimed at improving IP protections for “Traditional Knowledge.” “Traditional knowledge” refers to “the knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity,” as the WIPO states.
The Impact of TK on Bobba and Other Companies
Bobba’s owners admitted that their product came from a Taiwanese partner. They insisted, however, that their product wasn’t really “ethnic” anymore because boba tea is now globally popular. Also, the owners were called out on pushing the “healthier” narrative, particularly because one of their new products was an alcoholic version of bubble tea.
These actions align with the very issues the WIPO treaty aims to prevent. The treaty’s stated objective is to “enhance the efficacy, transparency and quality of the patent system with regard to genetic resources and traditional knowledge associated with genetic resources.” It also seeks to “prevent patents from being granted erroneously for inventions that are not novel or inventive with regard to genetic resources and associated TK.”
In the end, the bubble burst. Bobba lost its “Dragon” investor when social media picked up on the issue and seemed to side with Liu. As a result, Bobba’s owners learned a valuable lesson about selling a culturally significant product. They apologized and promised to “[re-evaluate] their branding, packaging, and marketing strategies to ensure that they reflect a respectful and accurate representation of our Taiwanese partnership and bubble tea’s cultural roots.”
IP laws are evolving to protect culturally significant items that previously received little protection. Companies like Bobba will now need to disclose the local community providing the traditional knowledge. This will increase protections for the original product’s community of creators. By complying with the WIPO treaty and addressing cultural factors truthfully, companies can protect their reputations and increase sales.
The Michelson Institute for Intellectual Property, an initiative of the Michelson 20MM Foundation, provides access to empowering IP education for budding inventors and entrepreneurs. Michelson 20MM was founded thanks to the generous support of renowned spinal surgeon Dr. Gary K. Michelson and Alya Michelson. To learn more, visit 20mm.org.