Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge

The document examines how trademarks and geographical indications (GIs) can be used to reward sustainable production and protect traditional knowledge. Through case studies of kava, rooibos tea, quinoa, basmati rice, and neem, it assesses the viability of these legal tools in creating niche markets that benefit local custodians of biodiversity while preventing unauthorized commercial exploitation.

• Geographical indications and trademarks are identified as potentially more compatible with indigenous and local community needs than patents or copyrights because they can be "maintained in perpetuity" and reward "good will and reputation created or built up by a producer or a group of producers over many years or even centuries" rather than individual innovation.
• The use of geographical indications can help local producers avoid the pressures of economic globalization and product standardization by allowing them to "distinguish their products, not by company or by brand, but by linking them to their origin in a particular territory".
• Kava is presented as a strong candidate for both trademarks and geographical indications due to its "long histories of empirical experimentation and experience" and the existence of nearly 120 distinctive varieties, which could support a "Pacific kava" certification mark or appellations of origin.
• For rooibos tea, the document suggests that while large-scale producers currently dominate, a "South African Rooibos" trademark or GI could be used to channel benefits to disadvantaged communities in the Clanwilliam area where the tea was originally developed.
• Quinoa's potential for GIs or certification marks is linked to consumer preferences for products associated with "ancient indigenous cultures of the Andes" and the ability of local associations in Bolivia to formalize production rules.
• Basmati rice faces challenges for GI protection because the term is not strictly tied to a specific place in current labeling, and some producers in the US and France have registered trademarks using the name, though the document notes that "authentic Basmati rice can only be obtained from the northern regions of India and Pakistan".
• Neem is considered the least suited for GIs or trademarks because its primary commercial product (pesticides) is sold in bulk to business users rather than direct consumers, and it is "unlikely that neem’s survival as a species is threatened".

APA

Downes, D. R., Laird, S. A., Dutfield, G., & Wynberg, R. (1999). Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/InnovativeMechanisms.pdf

Chicago

Downes, David R., Sarah A. Laird, Graham Dutfield, and Rachel Wynberg. Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge. Center for International Environmental Law, 1999. https://www.ciel.org/wp-content/uploads/2015/03/InnovativeMechanisms.pdf.

Wikipedia

{{cite report |last1=Downes |first1=David R. |last2=Laird |first2=Sarah A. |last3=Dutfield |first3=Graham |last4=Wynberg |first4=Rachel |title=Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge |publisher=Center for International Environmental Law |date=1999 |url=https://www.ciel.org/wp-content/uploads/2015/03/InnovativeMechanisms.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{downes1999innovative, author = {Downes, David R. and Laird, Sarah A. and Dutfield, Graham and Wynberg, Rachel}, title = {{Innovative Mechanisms for Sharing Benefits of Biodiversity and Related Knowledge}}, institution = {Center for International Environmental Law}, year = {1999}, url = {https://www.ciel.org/wp-content/uploads/2015/03/InnovativeMechanisms.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }