ABSTRACT

Two forms of intellectual property have received relatively little attention to date in discussions of sustainable use or sharing of benefits derived from bioresources and traditional knowledge: geographic indications and trademarks (particularly trademarks relating to labels or symbols placed on products that communicate designated information to consumers on the social, cultural and environmental conditions of product sourcing). These forms of intellectual property could potentially serve as tools to help holders of traditional knowledge to benefit more equitably than they have in the past from the commercial use of their knowledge, and could also help prevent its unauthorized use by outsiders. They are particularly useful in the food, beverage, botanical medicine, cosmetic and personal care industries, and in other sectors in which consumers shop selectively. Where products are relatively easily done without or where there are available substitutes, companies are fairly close to consumers, and so consumer choice can more directly influence corporate practice.