ABSTRACT

This chapter discusses that the difference between trade and certification marks is significant when thinking about developing and administering access and benefit sharing (ABS) marks. It examines how marks might be used to facilitate access and benefit sharing (ABS). The chapter begins by situating the use of ABS marks in context: both in terms of their consistency with transnational approaches, and their potential use as one aspect of a multi-faceted approach to 'smart regulation'. It also examines the primary reason for the use of marks: as a driver of positive behavioural change in favour of a fair and equitable system of ABS. The chapter explores one transnational source of standards and certification internationally: the Union of Ethical BioTrade (UEBT). It highlights some key features of the UEBT's verification process and the role that the UEBT Member trade mark plays in achieving the goal of ABS.