Boosting Tourism Development
through Intellectual Property

Boosting Tourism Development
through Intellectual Property

Except where otherwise indicated, this work is licensed
under the Creative Commons Attribution 3.0 IGO License.
The user is allowed to reproduce, distribute, adapt,translate and publicly perform this publication, including forcommercial purposes, without explicit permission, provided
that the content is accompanied by an acknowledgementthat WIPO is the source and that it is clearly indicatedif changes were made to the original content.
Suggested citation: World Intellectual Property
Organization (WIPO) and World Tourism Organization(UNWTO) (2021), Boosting Tourism Development
through Intellectual Property, Geneva: WIPO.
Adaptation/translation/derivatives should not carry any
official emblem or logo, unless they have been approved
and validated by WIPO and UNWTO. Please contact us
via the WIPO or UNWTO website to obtain permission.
For any derivative work, please include the following disclaimer:“WIPO and UNWTO assume no liability or responsibility withregard to the transformation or translation of the original content.”
When content published by WIPO and UNWTO, such asimages, graphics, trademarks or logos, is attributed to athird party, the user of such content is solely responsible
for clearing the rights with the right holder(s).
To view a copy of this license, please visit:https://creativecommons.org/licenses/by/3.0/igo/
The designations employed and the presentation ofmaterial throughout this publication do not imply theexpression of any opinion whatsoever on the part of
WIPO or UNWTO concerning the legal status of any
country, territory or area or of its authorities, or concerning
the delimitation of its frontiers or boundaries.

© WIPO and UNWTO, 2021
World Intellectual Property Organization34, chemin des Colombettes, P.O. Box 18
CH-1211 Geneva 20, Switzerland
World Tourism Organization
Calle del Poeta Joan Maragall 4228020 Madrid, Spain
WIPO ISBN: 978-92-805-3034-6
WIPO DOI: 10.34667/tind.42582
UNWTO ISBN: 978-92-844-2238-8This publication is not intended to reflect the views of theMember States or the WIPO or UNWTO Secretariat.
The mention of specific companies or products ofmanufacturers does not imply that they are endorsed
or recommended by WIPO or UNWTO in preference toothers of a similar nature that are not mentioned.

UNWTO DOI: 10.18111/9789284422395
Attribution 3.0 IGO(CC BY 3.0 IGO)
Cover: Getty Images / den-belitsky

Contents

Foreword6
Acknowledgments7
Executive summary9Introduction13
What is this publication about?

14

Who is this publication for?

15

What is the aim of this publication?

15

What is in this publication?

15

1. Why tourism?

19

Introduction to tourism as a key driverof socioeconomic development

21

Trends and opportunities in tourism21

2. How can intellectual property
support tourism development?

25

What is IP and why promote it?26

How can IP rights be used in the
tourism value chain?

28

What are the main IP rights
relevant to tourism?

28

Traditional cultural expressions andtraditional knowledge: a special case40

3. Boosting tourism
development throughintellectual property rights

47

How can stakeholders in the tourism
value chain benefit from IP?48

Case Study 1. Promoting partnerships
between tourism and local providers
for sustainable development in Turkey 49
Case Study 2. Geographicalindications as a tool for developing
tourism and reviving the local
economy in Cambodia

50Case Study 3. Performing arts andcopyright: creating innovative
tourism products in Mexico51

Case Study 4. Boosting tourism
opportunities through a beverage
trademark in Sri Lanka

52

Case Study 5. Fair Trade Tourism:a certification mark fostering
sustainable tourism in Africa

53

Case Study 6. The collective markas a tool for boosting local economies
within the tourism value chain in
the Gambia

54

Case Study 7. Trademarks andtourism trails: a solid alliance tosupport job creation and thedevelopment of rural economies
in Lebanon

55

Case Study 8. Using certification
marks to target market segmentsin the tourism sector

56

How can policymakers use IP rights
in tourism destination promotion
and branding?

58

3

Photo: jacoblund / iStock / Getty Images PlusCONTENTS

Case Study 9. Armani Hotel, Dubai,
United Arab Emirates: a designer’shotel experience

60

Case Study 10. Jamaica’s sustainable
Community Tourism Toolkit

61

Case Study 11. Georgia's Chacha
grape vodka: how a protected
geographical indication can boost
exports and tourism development

84

Case Study 18. Via Francigena paves
the way in using the IP system86

5. Conclusions andrecommendations89
62

Case Study 12. Living culture in theforest and Túcume Pyramids: theeco-museum63
How can IP rights promote tourism
innovation and leverage fundraising?

Connecting tourism routes and trailswith IP

64

Case Study 13. Andalucía Lab,
Spain: a successful public-private
partnership model in tourism
innovation68
Case Study 14. Refundit:
revolutionizing tax-free shopping
for tourists

69

4. Intellectual property rights inevents and tourism routes

73

Tourism, cultural events and IP:
a long-standing partnership

74

Case Study 15. Between the lake andthe mountains, music reigns unrivaledin Montreux, Switzerland

77Sports and mega events:
where tourism and IP meet

79

Case Study 16. The 2010 FIFA World
Cup serves as a springboard forSouth African tourism

82

Case Study 17. China’s integration of
IP and sports-related objectives
into national development andtourism strategies

83

Main conclusions91

Recommendations

92

Glossary96
Tourism terminology

96

Terminology on intellectual property

98

Bibliography1025Foreword

Tourism has been one of the world’s fastest
growing economic sectors in recent years
and has repeatedly proven its resilience in theface of a range of challenges and crises. It has
also established itself as a key driver of global
sustainable socioeconomic progress anddevelopment. This growth goes hand in hand with‎increasing diversification and competition among
destinations as they contend to attract tourists
looking for unique and authentic travel experiences.
What tourism will be like in the aftermath of theunprecedented crisis caused by COVID-19 is
not yet fully clear. What is clear, however, is that
tourism will recover and contribute to reigniting
hard-hit economies and societies thanks to its
capacity to adapt to changes and offer innovative
solutions to new challenges. In every country, theconjunction of decisive competitiveness factors andthe alignment of public administrations and private
sector stakeholders to coordinate efforts will be
required in order to ensure full economic recovery.
As a driver of socioeconomic growth, tourism should
be identified as a priority in the political agenda
in the post COVID-19 era, and the factors that
contribute to the competitiveness of the sector willplay a key role in positioning it at the forefront ofrecovery efforts while contributing to the fulfillmentof the Sustainable Development Goals (SDGs).
In this context, intellectual property (IP) rights
are powerful tools that can be used to boost
tourism development and competitiveness. The
IP system is designed to promote creativity andinnovation and support efforts by individuals,
businesses and other actors to differentiatethemselves and their products and services in
the marketplace, whether through trademarks,
geographical indications, copyrights or patents.

6

Bringing together the expertise of two leadingorganizations in these fields, the World Tourism
Organization and the World Intellectual Property
Organization have partnered to explore thebenefits of leveraging the use of the IP system
for tourism development and promotion.
The result of this partnership is this groundbreaking
publication aimed at raising awareness of theimportance of protecting IP rights as they intersectwith tourism in the areas of innovative solutions
applied to tourism, destination branding andproduct development. The publication highlights
good practice and features successful casestudies and recommendations for policymakers
and other tourism stakeholders working toensure innovation in tourism is protected
and that its benefits are shared by all.
On behalf of UNWTO and WIPO, we wish
to thank everyone who contributed to our
joint publication and we hope its guidance
and recommendations prove to be useful inspurring innovation in tourism development.

Zurab Pololikashvili
Secretary-General
World Tourism
Organization (UNWTO)

Daren Tang
Director General
World Intellectual
Property
Organization (WIPO)

Acknowledgments

In 2016, at the request of the WIPO member
states, a special project was launched onIntellectual Property, Tourism and Culture:
Supporting Development Objectives and Promoting
Cultural Heritage in Egypt and Other Developing
Countries. Based on research conducted in
the pilot countries focusing on the practicalexperiences of tourism stakeholders, the projectmade a series of recommendations to promote
tourism-related economic activity, including
activity related to the promotion of nationalor local knowledge, traditions and culture.
Based on this initial WIPO project and
UNWTO's existing knowledge base, thepresent co-publication was born.
The publication was drafted by Ms. Patricia
Carmona, Senior Specialist in the Tourism Market
Intelligence and Competitiveness Department, under
the supervision of Ms. Sandra Carvão, Chief ofTourism Market Intelligence and Competitiveness,
World Tourism Organization (UNWTO), andMr. Marcelo di Pietro, Director, Development
Sector, Office of the Deputy Director General,
World Intellectual Property Organization (WIPO).
UNWTO and WIPO would like to thank:
Ms. Francesca Toso, Senior Advisor, Development
Sector, and Ms. Tamara Nanayakkara, Counselor,
SMEs and Entrepreneurship Division, as wellas the colleagues from WIPO's Copyright Law
Division, Policy and Legislative Advice Section
on Trademarks, Traditional Knowledge Division,for their valuable comments on the text.

Innovation, Education and Investments, UNWTO,
for her insights into potential linkages between
intellectual property rights in the field of innovation
in tourism and for her suggestions regarding
possible case studies; Mr. Patrick Fritz, Technical
Coordinator, and Mr. Nikolaos Gkolfinopoulos,
Silk Road Project Specialist, UNWTO, for theircontributions on thematic and transnational tourism
routes; Mr. Javier Ruescas, Senior Specialist,
Tourism Market Intelligence and Competitiveness,
UNWTO, for his technical advice on updated figureson the contribution of tourism to the worldwidebalance of payments and to global exports ofservices; Mr. Michel Julian, Program Officer,
Tourism Market Intelligence and Competitiveness,
UNWTO, for his input on the structures and budgetsof national tourism organizations; and Ms. Mary
Hayrapetyan and Ms. Koloina Rakotomalala, from
WIPO Development Sector, who helped with therevision and consolidation of the final manuscript.
In addition, this publication would not havebeen possible without the valuable guidance,
advice and continuous support of Ms. Charlotte
Beauchamp, Head, Publications and Design
Section, WIPO, during the elaboration process.
We are confident that this publication will prove
useful to UNWTO’s and WIPO’s members,
key tourism stakeholders, and national
intellectual property administrations andpolicymakers alike, and that it will provide asolid basis for further research and study.

UNWTO and WIPO are also grateful to: Ms. Mariana
Hernández for her invaluable research, compilationand elaboration of the case studies included inthis publication; Ms. Natalia Bayona, Director,
7

Photo: MStudioImages / E+ / Getty Images

Executive summary

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Tourism has become a major player in the global economy. It is one of themost resilient economic sectors in the world and a force for sustainablesocioeconomic progress and development. It has also become a catalyst
for innovation and entrepreneurship. This development is driven by ademand for differentiated products and services with added value andcompetitive edge for stakeholders operating in the tourism market.
The intellectual property (IP) system has emerged as one of the key factors
in the growth of the tourism sector. It provides a regulatory frameworkthat aims to foster an environment in which creativity and innovation
can flourish, and it enables people and companies to earn recognition
or benefit financially from what they invent or create. This makes the IP
system a perfect partner for continuing to boost tourism development,
whether applied to tourism value chain providers or to destinations.
In spite of its key role in tourism, the IP system remains largely
unexplored in this sector and could be further developed.
‎ he competitiveness of each destination is based on both tangible assets
Tand factors (such as natural and cultural resources) and intangible elements(such as image and branding), which can help differentiate products, services
or destinations from the competition. For example, a slogan or new branding
could be used to promote a destination, a certification mark could be used
to endorse the quality of a product or service, or a geographical indication
could be used to identify a well-known food or beverage produced in aparticular region using traditional methods. The field of tourism innovation
also offers myriad opportunities for developing IP strategies with newstart-ups and entrepreneurs, whose inventions can be patented.
As IP contributes to the development of tourism products and to thereputational value of destinations, IP protection and management is
becoming an increasingly important consideration for national tourism
authorities (NTAs), national tourism organizations (NTOs), and destination
management/marketing organizations (DMOs). There is growing awarenessof the need to protect each destination’s heritage and to capitalize on its
tourism assets in order to generate value for local tourism stakeholders.
This approach helps to accelerate the creation and development of small
and medium-sized enterprises (SMEs), within a favorable environment thatvalues local products and services. This in turn improves the destination’s
positioning and helps to build a strong and vibrant brand identity,enhancing consumer confidence and brand loyalty among visitors.
10

EXECUTIVE SUMMARY

Tourism stakeholders and decision-makers canmake the most of these rights by using the IP
system in a strategic way. Better knowledge of theIP system helps not only to ensure the exclusive
use of a protected intellectual creation, but also
to attract investment and leverage fundraising
opportunities. Within this context, the World Tourism
Organization (UNWTO) and the World Intellectual
Property Organization (WIPO) have coauthoredthis publication, Boosting Tourism Development
through Intellectual Property, in order to:– explore the general links between IP, tourism
and culture;– introduce the main types of IP right relevant
to tourism in order to help readers to better
understand the connection between IP andtourism, and to include IP in tourism policies,
product development, destination branding, etc.;– identify existing and potential IP tools forthe promotion of tourism and of national,
regional and/or local knowledge, traditions andcultural heritage;– describe how different IP rights can beleveraged for fundraising purposes, as they
have intrinsic economic value and can be
traded in various ways according to different
IP strategies (e.g., assignment, licensing,franchising, merchandising);– identify and share good practices and casestudies;– provide relevant conclusions andrecommendations on the links between tourism
and IP to NTAs and NTOs, tourism policymakers
and decision-makers, destinations (i.e., DMOs)
and key tourism stakeholders; and– explain how appropriately integrating IP rights
can help to enhance competitiveness in tourism.

up a favorable ecosystem for innovation,
entrepreneurship and especially investment intourism, and that it has a relevant role in the
tourism value chain of products and services.
It also highlights the role that tourism and IP havein contributing to the 2030 Agenda for Sustainable
Development and the Sustainable Development
Goals (SDGs) – specifically: SDG 8, Promotesustained, inclusive and sustainable economic
growth, full and productive employment and decent
work for all; SDG 9, Build resilient infrastructure,promote inclusive and sustainable industrializationand foster innovation; SDG 12, Ensure sustainableconsumption and production patterns; and SDG 14,
Conserve and sustainably use the oceans, seas andmarine resources for sustainable development.
A better understanding of the links between
tourism and IP rights is therefore essential toleverage the IP system’s full potential within
this sector, boost tourism development
and contribute to achieving the SDGs.

One of this publication’s main conclusions isthat the IP system plays a vital role in setting
11

Photo: Hispanolistic / E+ / Getty Images

Introduction

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Tourism is one of the fastest - growing
economic sectors worldwide, driving
sustainable socioeconomic progressand development. This sector has
continued to expand, demonstrating
its strength and resilience.
Each day, new actors break into thetourism scene and emerging destinations
gain ground, attracting visitors andcompeting with other tourism destinations.
What is this publication about?
Effective intellectual property (IP) management is an important element
in tourism development and competitiveness, and the promotion of local
culture and creators. However, the links between IP and tourism remain
underexplored, which is why the World Tourism Organization (UNWTO) and theWorld Intellectual Property Organization (WIPO) have joined forces to create
this publication. The main goal is to outline the relationship between IP tools
and strategies and tourism development, management and promotion, andto explore the potential benefits of further strengthening these connections.
This publication provides guidance on the relationship between tourism
and IP for tourism policymakers, decision-makers, destinations andkey stakeholders. It explains how appropriately integrating IP rights
can contribute to enhancing tourism competitiveness. It also includes
good practices, case studies and recommendations for national tourism
authorities (NTAs) and national tourism organizations (NTOs).
For UNWTO and WIPO, both United Nations specialized agencies, this has
been an exciting and enriching joint initiative. The outcome is expected to fill
the gap in practical knowledge regarding how the IP system can enhance thetourism sector’s competitiveness, and how applying an IP strategy to tourism
can enhance fundraising and attract investment. From a broader perspective,
this publication contributes to UNWTO’s and WIPO’s commitments to the
Sustainable Development Goals (SDGs) and the implementation of the 2030
Agenda for Sustainable Development. Although tourism has the potential tocontribute – either directly or indirectly – to all of the SDGs, it is mentioned
as part of a specific target in SDGs 8 (Promote sustained, inclusive andsustainable economic growth, full and productive employment and decent
work for all), 12 (Ensure sustainable consumption and production patterns)
14

INTRODUCTION

and 14 (Conserve and sustainably use the oceans,seas and marine resources for sustainable
development). Intellectual property is a criticalincentive for innovation, creativity and businesscompetitiveness, which in turn are key to thesuccess of the SDGs. SDG 9 (Build resilient
infrastructure, promote inclusive and sustainableindustrialization and foster innovation) is at thecore of WIPO’s mission to lead the development of
the international IP system for the benefit of all.1
This partnership between WIPO and UNWTO
reflects both organizations’ commitment to the
SDGs. It also aims to enhance understandingof their interrelated areas of work, and tocreate new opportunities for their members
and other relevant stakeholders.

Who is this publication for?
This publication is mainly aimed at:– NTAs and NTOs;– destination management/marketingorganizations (DMOs);– businesses within the tourism value chain;– other key tourism stakeholders, such aspolicymakers, decision-makers and tradeassociations related to tourism;– training institutions for tourism management; and– national IP offices and other IP policymakers.

consideration in destination planning andmanagement; and– offer a set of recommendations for policymakers,
decision-makers and other tourism stakeholders
in the public and private sectors.
This publication does not provide detailed legal
advice, because IP laws vary by country or territory.
Stakeholders should seek legal advice based on
their specific needs, priorities and destinations in
the jurisdictions where IP right protection is sought.

What is in this publication?
In Chapter 1, the main arguments for using IP
in tourism are laid out. In Chapter 2, the basic
IP rights are described in non-technical terms,
explaining their application to different parts ofthe tourism value chain. Chapters 3 and 4 focus
on how IP rights work in practice, through avariety of case studies from around the world.
Chapter 5 concludes with recommendations.
The glossary at the end of the publication
provides detailed descriptions and definitionsof the tourism- and IP-related terms used inthis publication, and a bibliography follows.
The case studies presented in this publication
are summarized in Table I.1, showing the
IP rights that are or could be used, theirapplication to the tourism value chain and theircontribution to the achievement of the SDGs.

Although nation branding has been widely covered
in several essays, articles and publications,2 an IP
perspective has been included in these works on
only a few occasions.3 Similarly, tourism destination
branding has been subject to analysis by UNWTO,4
but an innovative approach including links with IP has
not been explored. For these reasons, this publication
will be a unique reference for public authorities.

What is the aim of thispublication?
This joint publication, Boosting Tourism
Development through Intellectual Property, aims to:– raise awareness of the connection between IP
tools and rights and tourism promotion;– provide guidance on key aspects for
15

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Table I.1 Overview of case studies showcasing IP and tourism development
Case study

Country/Region

IP right

IP added value

Potential orexisting goodpractice

Tourism value
chain elements

SDG

1

Promotingpartnerships
between tourism
and local providers
for sustainable
development
in Turkey

Turkey, Europe

Certification
marks

The certification mark identifies
and connects local producers
with the tourism sector andensures quality standards.

Good practice

Accommodation
Food and beverages

1, 8, 12, 13

2Geographicalindications as atool for developing
tourism andreviving the
local economy
in Cambodia

Cambodia, Asia

Geographicalindications(GIs)

GIs help to build and promotea product or destination brandinternationally, and to enhancesustainable tourism and drive
local economic growth.

Good practice

Accommodation
Food and beverages
Leisure, excursions
and tours

1, 8, 12, 13

3

Performing arts andcopyright: creating
Mexico, Americas Copyrightinnovative tourism
products in Mexico

Copyright protects the work of
the author (and potentially of theperformer(s)), while reinforcing
the competitive advantage of an
innovative tourism product.

Potential

Leisure, excursions
and tours

8

4

Boosting tourism
opportunities
through a beverage
trademark in
Sri Lanka

Sri Lanka, Asia

Trademarks

A successful, well-known beverage
protected as a trademark leads totourism business opportunities.

Good practice

Accommodation
Food and beverages
Tourism assets
Leisure, excursions
and tours

1, 8, 12

5

Fair Trade Tourism:a certification
mark fostering
sustainable
tourism in Africa

Madagascar,
Mozambique,South Africa andZimbabwe, Africa

Certification
marks

From Fair Trade to Fair Trade
Tourism, the certification markadds competitive edge and fosters
sustainable tourism development.

Good practiceAll tourism value
chain elements

1, 8, 10,12

6

The collective
mark as a tool
for boosting
local economies
within the tourism
value chain in
The Gambia

The Gambia,
AfricaCollectivemarksCollective marks can unlock
tourism value chain potential
by strengthening partnerships
between local businesses andcreating economic opportunities
within the tourism sector.

Potential

Transportation
Accommodation
Food and beverages
Handicrafts
Leisure, excursions
and tours

1, 8, 127

Trademarks andtourism trails:
a solid allianceto support job
creation and thedevelopment ofrural economies
in Lebanon

Lebanon,Middle East

Trademarks

Trademarks offer legal protection
to the owner and can be monetized
to generate funds according
to different IP strategies, e.g.,licensing, merchandising

Potential

Accommodation
Tourism assets
Leisure, excursions
and tours

1, 8, 12, 15

Good practice

Accommodation
Food and beverages
Leisure, excursions
and tours

8

8

Using certification
marks to target
market segments inthe tourism sector

Miscellaneous
countries, such
as Malaysia
and Thailand(among others)

Certification
marks

Certification marks serve adual purpose: they provide aframework of conformity standards
for products in those countries(i.e., Halal-certified products);
and they help to establish acompetitive edge and strengthen
the destination’s reputation in a
specific tourism market segment.

9

Armani Hotel,
Dubai, United
Arab Emirates: adesigner’s hotel
experience

United ArabEmirates,
Middle East

Trademarks
Industrial
design rights

Design and trademark rights
add significant value to tourism
products, enabling a fashion houseto establish itself rapidly in a highly
competitive tourism sector.

Good practice

Accommodation
Leisure, excursions
and tours

8, 11, 17

10

Jamaica’s
sustainable
Community
Tourism Toolkit

Jamaica,
Americas

Trademarks

Trademark licensing is an IP
strategy, common in the IP
system, which can enhance small
community tourism enterprises.

Good practiceAll tourism value
chain elements

8, 12, 16, 17

11

Georgia's Chacha
grape vodka:
how a protected
geographicalindication canboost exports
and tourism
development

Georgia, Europe

Geographicalindications

GIs not only protect goods thathave a specific geographicalorigin and possess qualities
or a reputation due to thatplace of origin, but also are a
powerful IP tool to promote
tourism destinations andstimulate local economies.

Good practice

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions
and tours

1, 8, 12, 15

12Living culture in
the forest andTúcume Pyramids:
the eco-museum

Peru, Americas

Trademarks
Collective
marks
Certification
marks
Copyright
Industrial
design rights

An IP rights portfolio (including
copyright, collective marks andtrademarks/designs) enables
an institution to be at theforefront of innovation, protect
institutional materials and new
designs, and promote sustainable
development in inclusive ways.

Potential

All tourism value
chain elements

8, 9, 1116

INTRODUCTION

Table I.1 (cont'd) Overview of case studies showcasing IP and tourism development
Case study

13

Andalucía Lab,
Spain: a successful
public–private
partnershipmodel in tourism
innovation

14

Refundit:
revolutionizing
tax-free shopping
for tourists

15

Between thelake and themountains, music
reigns unrivaledin Montreux,
Switzerland

16

The 2010 FIFA
World Cup serves
as a springboard
for South African
tourism

17

China’s integrationof IP and sportsrelated objectives
into national
development andtourism strategies

18

Via Francigena
paves the way inusing the IP system

IP right

IP added value

Potential orexisting goodpractice

Tourism value
chain elements

SDG

Trademarks
Trade secrets

Trademarks, patents andtrade secrets play a key rolein boosting innovation hubs,
accelerators, entrepreneurs
and SMEs by ensuring
their feasibility throughadequate IP protection.

Potential

All tourism value
chain elements

1, 4, 8, 9, 12

Patents
Trademarks

IP strategy serves as a barrier
to entry for future competitors,
trademark protection
secures brand exclusivity
for the app and builds trust
among consumers, andstrong IP portfolio attracts
investors, assuring future
funding for the startup.

Good practiceHandicrafts

8, 9, 17

Trademarks
Copyright

A registered trademark
goes beyond identifying aworld-famous local eventand extends to other leisureand hospitality sectors at
international levels, benefiting
associated business partners
and artists through royalties.

Good practiceAll tourism value
chain elements

8South Africa,
AfricaTrademarks
Collective
marks

Destination marketing canbe used as a mechanism todevelop global partnerships,
attract investments atnational level, obtain global
media coverage and develop
sustainable tourism.

Good practiceAll tourism value
chain elements

1, 8

China, Asia

Trademarks
Collective
marks
Copyright
Patents

IP can support sportsrelated objectives in national
development strategies, driving
tourism growth and fostering
sustainable tourism andsocioeconomic development.

Good practiceAll tourism value
chain elements

3, 8, 9, 11Trademarks

The IP system is a valuable
partner in the management,
quality control, revenue
generation and brandpositioning of multi-stakeholder
tourism initiatives, such asthematic tourism routes.

Good practiceAll tourism value
chain elements

8, 12Country/Region

Spain, Europe

IsraelSwitzerland,
EuropeItaly, Europe

Endnotes
1

For further information, see:
United Nations (n.d.). Sustainable
development knowledge platform.
https://sustainabledevelopment.
un.org/index.html.

2See, e.g.: https://www.goodcountry.
org/simon-anholt/ and https://www.ipsos.com/en-ca/news-polls/
Germany-Retains-Top-Nation-BrandRanking-the-United-Kingdomemerges-ahead-of-Canada-to-RoundOut-the-Top-Three-US-and-ChinaExperience-Significant-Decline;
See also: Anholt, S. (2007). Competitive

Identity: The New Brand Management
for Nations, Cities and Regions. London:
Palgrave Macmillan;
Anholt, S. (2010). Places: Identity, Imageand Reputation. Palgrave Macmillan.
34World Tourism Organization andEuropean Travel Commission (2009).
Handbook on Tourism Destination
Branding. Madrid: UNWTO. doi.
org/10.18111/9789284413119

See, e.g.: World Intellectual Property
Organization (2012). The Role ofIntellectual Property, in Particular,
Trademarks and Geographical
Indications, in Creating, Developing andStrengthening a Nation Brand. Geneva:
WIPO. www.wipo.int/edocs/pubdocs/
en/wipo_pub_transition_4.pdf.

17

Photo: RudyBalasko / iStock / Getty Images Plus

1. Why tourism?

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Tourism is a key driver ofsocioeconomic progress.
It is closely linked to export
earnings, employment opportunities,
social inclusion, women and youth
empowerment, and it benefits agrowing number of destinations.

This chapter will explain why tourism matters, by presenting the key
trends and main challenges of a cross-cutting sector that brings‎economic benefits to others as diverse as construction, agriculture andtelecommunications, and in both industrialized and developing countries.‎1
A tourism destination is a physical space with or without administrative
and/or analytical boundaries in which a visitor can spend an overnight.
It is the cluster (co-location) of products and services, and of activities
and experiences along the tourism value chain and a basic unit ofanalysis of tourism. A destination incorporates various stakeholders
and can network to form larger destinations. It is also intangible with its
image and identity which may influence its market competitiveness.
Source: World Tourism Organization (2019). UNWTO Tourism Definitions.
Madrid: UNWTO. doi.org/10.18111/9789284420858

The tourism value chain is the sequence of primary and support
activities that are strategically fundamental for the performance ofthe tourism sector. Linked processes such as policymaking andintegrated planning, product development and packaging, promotion
and marketing, distribution and sales and destination operations andservices are the key primary activities of the tourism value chain.
Support activities involve transport and infrastructure, human resource
development, technology and systems development and othercomplementary goods and services which may not be related to core
tourism businesses but have a high impact on the value of tourism.
Source: World Tourism Organization (2019). UNWTO Tourism Definitions.
Madrid: UNWTO. doi.org/10.18111/9789284420858

20

1. WHY TOURISM?

Introduction to tourism as a
key driver of socioeconomic
development
Tourism is one of the fastest-growing economic
sectors and a catalyst for economic growth anddevelopment, with a significant impact on trade, job
creation, investment, infrastructure development
and social inclusion. In 2019, international
tourism grew faster than the global economy
for the ninth successive year, at 3.6 percent for
travel and tourism versus 3.2 percent for global
gross domestic product (GDP). International
tourist arrivals increased from 697 million in2000 to 1.5 billion in 2019.2 This growth has beeninterrupted only in 2001 when it dropped to nil
after 9/11, in 2003 as a consequence of SARS(−0.4%), in 2009 following the global economiccrisis (−4%), and in 2020 when COVID-19 andrelated restrictions on mobility and travel delivered
an unprecedented shock to the sector.
International tourism involves the cross-border
movement of travelers, who then buy goods andservices. This makes tourism destinations drivers forinternational trade, as tourists become international
consumers and local businesses become exporters.
As the world’s third-largest export category
after chemicals and fuels, international
tourism (including both international tourism
receipts and passenger transport) generated
USD 1.7 trillion in 2019, representing 28 percentof the world’s services exports and 7 percent
of overall exports in goods and services.
The tourism sector is the cluster of production
units in different industries that provide
consumption goods and services demanded
by visitors. Such industries are called tourism
industries because visitor acquisition represents
such a significant share of their supply that, inthe absence of visitors, their production of thesewould cease to exist in meaningful quantity.
Source: World Tourism Organization (n.d.). Glossary of
tourism terms. www.unwto.org/glossary-tourism-terms.

The cross-cutting nature of tourism and its
sustained growth over recent decades offer

immense opportunities for the overall advancementof the 2030 Agenda for Sustainable Development.
As the 17 Sustainable Development Goals (SDGs)3and the 169 corresponding targets focus theworld on a new direction, tourism can and must
play a significant role in delivering sustainable
solutions for people, the planet, prosperity andpeace. Tourism has the potential to contribute –
directly or indirectly – to all of the SDGs, and inparticular those that specifically relate to tourism:– SDG 8, Promote sustained, inclusive andsustainable economic growth, full and productive
employment and decent work for all;– SDG 12, Ensure sustainable consumption andproduction patterns; and– SDG 14, Conserve and sustainably use
the oceans, seas and marine resources forsustainable development.
As outlined above, tourism is a key vehicle for
fostering economic and social growth, and apowerful force for inclusive and sustainable
development. Its full potential can be achieved only
through a management approach that embraces
the principles of sustainable tourism4 and focuseson achieving the SDGs as we near 2030.
Toward these ends, it is critical to enhance thecompetitiveness of destinations and of the tourism
experience, by encouraging stakeholders toinnovate and develop new goods and services, andto leverage their intellectual property (IP) rights.

Trends and opportunities in
tourism
The cross-cutting nature and deep social
rooting of tourism offer many opportunities. The
tourism sector has proven resilient and is an
economic driver (especially in moments of global
financial crisis and external shocks) thanks to
its contribution to GDP and job creation. The
number of employees in the tourism sector
and the macroeconomic indicators related
to international tourism are testaments to thesector's importance. Tourism contributes tosocial well-being thanks to its labor-intensive

21

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

nature and its multiple two-way links with diverse
sectors of the economy, including infrastructure,transport, sanitation and communications.5
In the aftermath of COVID-19, tourism can once
again fuel global recovery, with support fromgovernments and international institutions.
Jobs in tourism have a multiplier effect in theeconomy, and getting tourism to rebound willbe critical to recovery from the impacts of
COVID-19 on the economy and societies.
The diverse types of tourism6 – such as cultural
tourism, urban tourism, rural tourism, businesstourism, ecotourism and gastronomy tourism – offer
a wide range of opportunities for destinations inboth industrialized and developing countries.
However, the tourism sector is experiencing several
challenges and undergoing paradigm shifts that
may well accelerate, with COVID-19 driving: digitaltransformation – emerging disruptors including
new tourism service platforms in accommodation,issues of mobility and visitors management, among
many others.7 More than ever before, tourism
authorities and stakeholders are aware of the needto enhance the competitiveness and sustainabilityof destinations, and to understand the legal aspects– including IP rights – of accessing and developing
new technologies, to the extent that they are able.8
Several quantitative and qualitative factors are
inextricably linked with the competitivenessof a tourism destination, including its capacity
for innovation and its quality or brand value.
In a knowledge-based economy, thecompetitiveness of enterprises, including small andmedium-sized enterprises (SMEs), is increasingly
based on their ability to provide value-added
products at a competitive price. In this sense,
tourism destinations and tourism stakeholders
need to gain a competitive edge. Effective IP asset
management plays a key role in adding value togoods, services and tourism products, and indifferentiating these from those of the competition.
The competitiveness of a tourism destinationis the ability of the destination to use its
natural, cultural, human, man-made and capital
resources efficiently to develop and deliver
quality, innovative, ethical and attractive tourism
products and services in order to achieve asustainable growth within its overall vision and22

strategic goals, increase the added value of the
tourism sector, improve and diversify its market
components and optimize its attractivenessand benefits both for visitors and the local
community in a sustainable perspective.
Source: World Tourism Organization (2019). UNWTO Tourism
Definitions. Madrid: UNWTO. doi.org/10.18111/9789284420858.

A tourism product is a combination of tangible
and intangible elements, such as natural,cultural and man-made resources, attractions,facilities, services and activities around a
specific center of interest which represents
the core of the destination marketing mix andcreates an overall visitor experience including
emotional aspects for the potential customers.
A tourism product is priced and sold throughdistribution channels and it has a life-cycle.
Source: World Tourism Organization (2019).
UNWTO Tourism Definitions. Madrid: UNWTO. doi.
org/10.18111/9789284420858.

1. WHY TOURISM?

Endnotes
1

2

For further information on the impactof the COVID-19 pandemic on the
tourism sector, see: World Tourism
Organization (2020). UNWTO Briefing
Note: Tourism and COVID-19, Issue
1 – How Are Countries Supporting
Tourism Recovery? Madrid: UNWTO. doi.
org/10.18111/9789284421893; World
Tourism Organization (2020). UNWTOWorld Tourism Barometer (English
version). 18(6). Madrid: UNWTO. doi.
org/10.18111/wtobarometereng;
World Tourism Organization (2020).
'COVID-10 response' (online), available
at: www.unwto.org/tourism-covid-19(14-12-2020);
World Tourism Organization (2020).
UNWTO World Tourism Barometer, May
2020 – Special Focus on the Impact
of COVID-19. Madrid: UNWTO. doi.
org/10.18111/9789284421930;
World Tourism Organization (2020).
UNWTO Briefing Note – Tourism
and COVID-19, Issue 1 – Howare countries supporting tourism
recovery? Madrid: UNWTO. doi.
org/10.18111/9789284421893;
World Tourism Organization (2020).
UNWTO Briefing Note – Tourism and
COVID-19, Issue 2. Tourism in SIDS –the challenge of sustaining livelihoods intimes of COVID-19. Madrid: UNWTO. doi.
org/10.18111/9789284421916;
World Tourism Organization (2020).
UNWTO Briefing Note – Tourism and
COVID-19, Issue 3. Understanding
Domestic Tourism and Seizing its
Opportunities.Madrid: UNWTO. doi.
org/10.18111/9789284422111.
The statistics here and in the rest of
the section come from World Tourism
Organization (2019). International Tourism
Highlights, 2019 Edition. Madrid: UNWTO.
doi.org/10.18111/9789284421152; World
Tourism Organization (2020), UNWTOWorld Tourism Barometer, volume 18,
issue 2, May 2020, Madrid: UNWTO. doi.
org/10.18111/wtobarometereng;
For more on the impact of tourism on
employment, see:World Tourism Organization(2019). Compendium of Tourism
Statistics, Data 2013–2017, 2019
Edition. Madrid: UNWTO. doi.
org/10.18111/9789284420421;
World Tourism Organization andInternational Labour Organization(2014). Measuring Employment in
the Tourism Industries: Guide withBest Practices. Madrid: UNWTO. doi.
org/10.18111/9789284416158;
World Tourism Organization (2008).
Sources and Methods: Labour Statistics– Employment in the Tourism Industries(Special Edition). Madrid: UNWTO. doi.
org/10.18111/9789284412334;
World Tourism Organization (2019).
Global Report on Women in Tourism,
Second Edition. Madrid: UNWTO. doi.
org/10.18111/9789284420384.
3

4

The SDGs are a framework of 17 goals
and 169 targets through which states,
civil society and the private sector canguide and measure their contributions tosustainable development toward 2030.
For more information about tourism
and the SDGs, see World Tourism
Organization (n.d.). What are the SDGs?
http:// tourism4sdgs.org/tourism-forsdgs/what-are-the-sdgs/;
World Tourism Organization and United
Nations Development Programme (2017).
Tourism and the Sustainable Development
Goals: Journey to 2030. Madrid: UNWTO.
doi.org/10.18111/9789284419401;
See also: United Nations. (n.d.).
Sustainable development
knowledge platform. https://sustainabledevelopment.
un.org/index.html.
Sustainable tourism can be defined as“tourism that takes full account of its
current and future economic, socialand environmental impacts, addressing
the needs of visitors, the industry, theenvironment and host communities”:
United Nations Environment Programme
and World Tourism Organization (2005).
Making Tourism More Sustainable: A
Guide for Policy Makers. Madrid: UNWTO.
doi.org/10.18111/9789284411191.

5World Tourism Organization (2019).
International Tourism Highlights,
2019 Edition. Madrid: UNWTO. doi.
org/10.18111/9789284421152.

6

For the full list of tourism types andtheir definitions, see: World Tourism
Organization (2019). UNWTO Tourism
Definitions. Madrid: UNWTO. doi.
org/10.18111/9789284420858.

7

For additional information, please
consult:
World Tourism Organization (2017). New
Platform Tourism Services (or the socalled Sharing Economy): Understand,
Rethink and Adapt. Madrid: UNWTO. doi.
org/10.18111/9789284419081
World Tourism Organization (UNWTO);
Centre of Expertise Leisure, Tourism& Hospitality; NHTV Breda Universityof Applied Sciences; and NHL Stenden
University of Applied Sciences (2018).
“Overtourism”? Understanding andManaging Urban Tourism Growth beyond
Perceptions. Madrid: UNWTO. doi.
org/10.18111/9789284419999;
World Tourism Organization; Centre ofExpertise Leisure, Tourism & Hospitality;
NHTV Breda University of Applied
Sciences; and NHL Stenden University ofApplied Sciences (2019). “Overtourism”?
Understanding and Managing Urban
Tourism Growth beyond Perceptions,Vol. 2: Case Studies. Madrid: UNWTO.
doi.org/10.18111/9789284420629.

8

World Tourism Organization (2019).
UNWTO Guidelines for Institutional
Strengthening of Destination Management
Organizations (DMOs): Preparing DMOs
for New Challenges. Madrid: UNWTO.
doi.org/10.18111/9789284420841.

23

Photo: todamo / iStock Editorial / Getty Images Plus

2. How can intellectual
property support
tourism development?

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

The purpose of this chapter is toprovide an overview of the main typesof intellectual property (IP) rights thatare relevant to tourism. This will help
the reader to better understand theconnection between IP and tourism,
and to include IP in tourism productdevelopment – from destination
branding to tourism policies.

In the fast-changing and competitive world of tourism, it is increasingly
important to differentiate products and services in the market. The perception of
products and services as unique influences consumers’ purchasing decisions.
Differentiation often comes from intangible features that add value – such as
cultural resources, authenticity, creativity, aesthetics, design, image, brand or
innovative technology. Investing in this added value is a key element for successin the global market and this investment requires protection. The creator needs
to secure the exclusive right to choose how to leverage these intangible assets.
This is where the intellectual property (IP) system emerges as a key
element driving the dynamic evolution of the tourism sector. It can beapplied to tourism value chain providers – for example, transportation,accommodation and hospitality, and tour operators – or to destinations.
The following sections of this chapter explore the role of creativity
and innovation in the development of the tourism sector, and how
different tools and strategies of the IP system apply to the sector.

What is IP and why promote it?
IP is traditionally divided into two branches: industrial property and copyright.
– Industrial property includes patents for inventions, confidential information(trade secrets), trademarks, industrial designs and geographical indications.
– Copyright covers literary works (such as novels, poems and plays), films,
music, artistic works (such as drawings, paintings, photographs andsculptures) and architectural design. Rights related to copyright include thoseof performing artists in their performances, producers in their recordings,
and broadcasters in their radio and television programs, among others.
26

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

IP refers to creations of the mind, including
works of art; designs; inventions or computer
programs; trademarks or other symbols, names
or images used in commerce. IP rights can beviewed like any other kind of property right: thecreator or owner has control over their property
and can choose how others access and use it.
Countries have laws to protect IP
rights for two main reasons:
1. To give statutory expression to the economic
and moral rights of IP creators and owners and to
the right of the public to access those creations.
2. To provide, as a deliberate act of government
policy, a system of incentives to promote
innovation and creativity and the dissemination
and application of its results, and to encouragefair trading and competitiveness which cancontribute to economic and social development.
IP law aims to safeguard creators and otherproducers of intellectual goods and services, by
granting them certain generally time-limited rights
to control how these intangible goods are used.
Once the time limit is over, the legal protection ends
and the goods become part of the public domain.
Since their registration can be renewed, trademarks,
as well as GIs and trade secrets, are exceptions.
There are several compelling reasons why IP should
be protected and promoted, and why it can help
to drive the development of the tourism sector.
– The progress and well-being of humanity depend
on our capacity to develop new technologicalsolutions and tools to regulate competition and to
produce creative expressions.
– The legal protection of creations and innovations
encourages the allocation of additional resources
for further innovation and creativity.
– The promotion and protection of IP spurs
competitiveness and economic growth, creates
new jobs and industries, and enhances people’squality and enjoyment of life.

A balanced and efficient IP system canhelp countries to realize IP’s potential asa catalyst for economic development andfor social and cultural well-being.1
IP rights can be subject to commercial
transactions and can be traded in various
ways. This means that they can be leveraged
to create more monetary value. Along with theexclusive rights given to their owner, most IP
rights can be commercialized, which makes them
particularly relevant to the tourism sector.
IP rights are national rights and are protected bynational laws. Protecting IP abroad, beyond a single
jurisdiction, involves payment of fees for overseas
registration. Similarly, enforcing IP rights beyond
national borders also requires financial investment.
The tourism value chain consists of many
activities and providers, including both primaryand support activities, which are fundamental
to the performance of this sector. The tourism
marketing mix (product, price, place, promotion) is
complex and may vary depending on the activity
or industry involved. Nevertheless, IP rights canbe incorporated into the promotional or marketingstrategy of any goods, services, activities, products
or destinations. For instance, a logo created andprotected by a tourism destination is an IP rightthat is unique to that destination. The logo canbe exclusively used by its owner in a promotional
video campaign or it can be traded through alicensing agreement2 with third parties. These
third parties might then use it for promotional
giftware and souvenirs, such as cups and T-shirts,
generating revenue for the tourism destination.
Just as importantly, the IP system contributes
to SDG 9 on industry, innovation andinfrastructure as a critical incentive for innovation,
creativity and business competitiveness.

27

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

How can IP rights be used in the
tourism value chain?
Within the tourism value chain, myriad
activities and inputs by different goods andservice providers interact to make the tourism
experience possible. Among these are hotels
and restaurants, travel agencies, tour operators,
tour guides and many other services.
Tourism is in a unique position to enable inclusive
growth that benefits both the local businesses
and the residents in the destination. For instance,
tourism income can support the development ofcommunity-based products and experiences. Thiscan help to advance rural areas and communities
through tourism, create jobs, promote small andmedium-sized enterprises (SMEs), or explore
the potential of local arts and crafts and locally
produced food within the tourism value chain.
Tourism is a multifaceted sector that isdeeply interconnected with diverse sectorsof the economy, including infrastructure,communications, construction, ICT, transportation,accommodation, culture, food and beverage,
handicraft, jewelry, textiles and cosmetics,
leisure and recreation, and so on.
Figure 2.1 illustrates the complexity of a typical
tourism value chain. To the left lie those activities
that take place in the outbound country (i.e., thetourists’ country of residence). To the right arethose taking place in the inbound country (i.e.,
the tourists’ destination country). The lower halfof the figure represents those activities that are
a direct part of the tourism sector, while the top
half shows activities that are indirectly linked tothe sector. The potential development of tourism
is highest in countries that manage to exploit
these indirect links, through a broad range ofactivities. As will be seen in the following chapters,
several IP rights and strategies can apply to themost important primary and support activities(illustrated in the bottom half of the figure).
Each type of IP right provides its own set of
benefits to the owner, but there are some generalbenefits that apply to all. In general terms, IP
rights in the tourism sector can help to:– enhance the management of companies andtourism destinations;– reinforce the quality of the tourism experience
and/or certify compliance with standards andprotocols to build confidence among tourists and28

improve procedures;– increase the market value and/or the brand andreputational value of an individual company,
association members or tourism destinations;– boost strategic alliances and increasebargaining power;– differentiate tourism destinations, as well as
their products and services, from competitors,
increasing their competitive edge;– communicate the values and visions ofcompanies and tourism destinations;– attract investments and obtain financing,
especially for SMEs;– create new market niches; and– add to the sales pitch.
It is important to bear in mind that, as with any
investment, the investment in an IP strategy
requires resources. Registration of IP rights
may be fee-based and their enforcement
may cost time as well as money.

What are the main IP rights
relevant to tourism?
Faced with an increasingly complex tourism
landscape, it is essential for all tourism
stakeholders to have a solid understandingof the potential of IP and the value of an IP
asset management strategy. Building a strong
brand is critical in the service sector andtourism is no exception. Branding stands as
one of the key factors for the competitivenessof a tourism destination.3 In an increasinglycompetitive environment, it is essential for
destinations to know their competitive strengths,
to understand their diverse customers and to
identify where the destination sits in relation
to its nearest competitors. This is the basis
for developing a tourism brand strategy.4
The IP system provides a range of rights that can beapplied to the tourism sector and which contributeto creating or strengthening the umbrella brand.
These include, for instance, trademarks, certificate
marks, collective marks or geographical indications.
In tourism destination branding, the umbrella
brand can be referred to as an overarching
brand, such as a country or nation brand,which is the main, high-level brand withina destination’s brand architecture.
Source: World Tourism Organization and European
Travel Commission (2009). Handbook on Tourism
Destination Branding. doi.org/10.18111/9789284413119

29

Value chain phases:

Planning

Development

Waste

Operations

EnergyYouth hostels

Guesthouse

Apartments

Marketing and sales

Construction
materials

In destination

From origin to destination

River ferry

Informal transportation

Airlines

Taxi companies

Tour operators andwholesaler

Call center

Travel agent

Car rental

Internet

HotelsTransportation

Travel organization
and booking

Bus companies
informal buses

Accommodation

Immigration agency

Communication,press and media

In transit
destinations

Maintenance

Ministry ofTransportation

Promotional activities

In origin

Shops (inaccommodation)

Port authority

Ministry of Tourism
and Culture

Food souvenirs

KiosksItinerant food shops

Fast foodNight clubs

Bars and restaurants

Food and beverage

Food suppliers

Communications

Handicraft workshops

Artisans

Handicraft shops

Handicrafts

Handicraft suppliers

Education

Infrastructure support

Water

Manufacturers

Storage and distribution

Food factories
and rural areas

Furniture and equipments

Customs office

Merchandising of
tourism products

Constructors and real estate

Agricultural and aquaculture suppliers: textile, wood, foodPublic security
and healthNatural assets:lakes, rivers, reefs
and mountains,forests, speciesof flora and fauna,etc.

Cultural assets:archaeology,
communities,
ethnics,museums, tourism
attractions,intangible cultural
assets (music,
dance, legends,etc.), festivals, etc.

Tourism assets indestinations

MaintenanceManagement

Restoration

Books, CDs and DVDs

Site signals

Artists (painting,musicians, etc.)

Wellness and spas

Tourism packages

Internet cafés

Security and bankservices

Laundry

Independent
tourist guides
Transport guides
and escorts

Grocery shops andretail outlet

Information centers

Support services

Oil station

Tourist guidesorganizations

Shows

Leisure, excursions
and tours

Brochures

Industrial factories

Technology
shops/imports

Wholesalers andsingle suppliers

Trade companies

Support institutions: Ministry of Tourism and Culture, Chamber of Commerce, Ministry of Interior, banks, etc.

Source: World Tourism Organization and European Travel Commission (2011). Handbook on Tourism Product Development. Madrid: UNWTO. doi.org/10.18111/9789284413959.

Tourism value chain

Figure 2.1 Many parties are involved to make tourism work

Indirect

DirectBOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Figure 2.2 Intellectual property intersection in tourism value chain elements

1. Selection of accommodationand transport

Software copyright

Use of digital platforms: Airbnb,
Booking.com, Rentacar,
Despegar.com, etc.

Maps, designs, promotional
material and assets with IP
protected content

Artworks and designs copyrights

2. Stay, excursions and tours
in destination

3. Catering services and shopping

Industrial property –Trademarks

Food and beverages

Purchase of souvenirs and goods
full of IP rights in their designs
or in novelty and innovation in
their use

Designs – Copyrights /Patents – Inventions

4. Souvenirs

But trademarks are not the only element thatcan be protected. Other intangible assets areoften involved in the tourism industry, and thesecan be subject to IP protection through laws
relating to copyright, patents, trade secrets andothers. This will be further explored next.

Trademarks5
Destinations are increasingly realizing theimportance of differentiating themselves and ofbuilding a niche market with a distinct appeal, inorder to drive more tourist arrivals. Destination
branding typically involves a trademark in the formof a word mark, registered logo and/or tagline
or slogan. These distinctive elements are thefoundation of branding and they should ideallybe registered in the relevant national or regional
trademark register. They should also be registeredinternationally, depending on various factors.630

Example of a trademark:the alpine resort of St. Moritz, Switzerland
The luxurious alpine resort of St. Moritz, in
the Engadin valley, has long been famous for
its remarkable achievements in Switzerland’s
tourism sector. From being the first place in
Switzerland to install electric lights in 1864, tolaunching the Alps’ first electric tram in 1896,
St. Moritz has always been at the forefront ofdeveloping new tourist products. In the same
pioneering spirit, the town was the first in theworld to claim IP rights. It registered its sun
symbol in 1937 and the name St. Moritz in
1986. Since 1987, the entire logo – including
the “Top of the World” slogan – has beenprotected in more than 50 countries.
Source: Pirotti, G.B. and M. Venzin (2017). Resilient
Organizations: Responsible Leadership in Times ofUncertainty. Cambridge: Cambridge University Press.

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

A trademark is a distinctive sign that identifies
certain goods or services as being produced orprovided by a specific individual or a company.
By indicating trade origin, trademarks alsofunction as a mark or quality and/or communicate
specific characteristics. That a sign is being
used as a trademark can be indicated by
the registered trademark symbols, ® (where
the trademark has been registered) or ™
(indicating an unregistered trademark right).
Trademark protection ensures that the owners ofmarks have the exclusive right to use them to identify
goods or services. It also allows the owners to permit
others to use them in return for payment. Trademark
rights are initially time-limited national or regionalrights. The period of protection can be extended
through renewal (in general, every 10 years). In a
broader sense, trademarks promote initiative andenterprise worldwide by rewarding their owners
with recognition and financial profits. Trademark
protection also helps to hinder unfair competition andprovides the legal means of stopping malicious third
parties, such as counterfeiters, from using similar
or confusingly similar signs to market products orservices without the authorization of the right holder.
Trademarks may comprise one word or a combinationof words, letters and numerals. They may consistof drawings, symbols or three-dimensional signs,
such as the shape and packaging of goods.
Colours, multimedia, sounds and even smells arealso capable of registration, as long as they meetthe requirements for registration. In particular, thismeans that the sign must be distinctive (and notdescriptive), so that consumers can distinguish itfrom trademarks identifying other products andidentify it with a particular product or service.
Before registering a new trademark, it is importantto check that the same trademark does not alreadyexist. Free databases of registered trademarks
are an important resource in this respect.7
The field of Internet domains8 deserves
special mention. There are two elements
to the protection of a domain:– the registration and protection of the domainname itself; and– the protection of the content published on
the website.
Sometimes, conflicts can arise over domainnames. In tourism, this is mainly related to
trademarks and geographical indications, but
destination names can also be affected.

Example of a protected logo andprotected Internet domain:
visitmorocco.com
The website visitmorocco.com is the propertyof the Moroccan National Tourist Office(MNTO). The site is protected by copyrightand related rights. It contains texts, images,
photographs, logos and trademarks that are
the property of the MNTO or, in the case ofcontent owned by MNTO partners, for which
permission to use has been obtained by the
MNTO. These elements themselves are protectedby industrial and intellectual property law.
As part of the general terms and conditionsof visitmorocco.com, any partial or total
use, reproduction or download of thesite visitmorocco.com, or of one of its
components such as text, images, photographs
and logos, without explicit permission from the
MNTO or rights holders is prohibited, except for
private copying for personal, non-commercial
purposes. Any breach of this article is subject
to punishment under criminal and civil law,particularly with regard to counterfeiting or
infringement of copyrights or related rights,
resulting in the payment of damages.”
The MNTO has also registered several
trademarks and logos used in the
promotion of Morocco as a tourism
destination with the Moroccan Office ofIndustrial and Commercial Property.
Source: VisitMorocco.com (n.d.). Generalterms and conditions. www.visitmorocco.
com/en/general-terms-and-conditions

The following case studies offer further
examples of good practice or potential in theuse of trademarks in the tourism sector:– Case Study 4, Boosting tourism opportunities
through a beverage trademark in Sri Lanka (p. 52);
– Case Study 7, Trademarks and tourism trails:
a solid alliance to support job creation and thedevelopment of rural economies in Lebanon (p. 55);
– Case Study 10, Jamaica’s sustainable
Community Tourism Toolkit (p. 61);
– Case Study 12, Living culture in the forest andTúcume Pyramids: the eco–museum (p. 63);
– Case Study 13, Andalucía Lab, Spain: a
successful public-private partnership model intourism innovation (p. 68);
– Case Study 15, Between the lake and themountains, music reigns unrivaled in Montreux,
Switzerland (p. 77);31

Photo: sharrocks / E+ / Getty Images

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

32

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

– Case Study 16, The 2010 FIFA World Cup serves asa springboard for South African tourism (p. 82); and– Case Study 17, China’s integration of IP
and sports-related objectives into national
development and tourism strategies (p. 83).

Collective marks and certification marks9Collective marks are, legally speaking, acategory of trademark and they have beensuccessfully used in the tourism industry.
Collective marks are owned by an associationor cooperative representing a group of people
or businesses. All members of the associationor cooperative can use the collective mark forgoods and/or services that comply with criteria
established by the association or cooperative.
Example of a collective mark:Logis de France
The Logis de France, Logis Hotels and Logis
names and logos are registered trademarksof the Fédération Internationale des Logis(FIL). This association of independent hoteliers
and restaurateurs promotes privately owned
rural tourist establishments and guarantees
a certain quality of experience, with a focus
on respecting the local environment andpromoting regional products. Belonging to the
FIL ensures recognition and enhanced appeal,and enables individual establishments to develop
sustainable competitive advantages. Today,
the FIL has more than 2,000 members andencompasses over 2,400 hotels across Europe.

collective marks can become powerful tools
for local development. Associations of SMEs
may therefore register collective marks to jointly
market member SMEs’ products and services
and to enhance product recognition. Collective
marks can be combined with the individual
trademark of the producer of a given good orservice. This allows companies to differentiate
their own products and services from those ofcompetitors, while at the same time benefitingfrom consumer confidence in the products orservices offered under the collective mark.
Collective marks are therefore useful tools for
SMEs, as they can help these businesses toovercome some of the challenges associated with
their small size and isolation in the marketplace.
National intellectual property offices (IPOs) can
provide more information on the procedures
for registering and using collective marks andcertification marks, because procedures for legal
protection can vary between jurisdictions.
Another type of mark used by a group is acertification mark. The owner of a certification
mark allows anyone to use it, provided that theymeet certain prescribed standards. These marks
are given for compliance with defined standards,
but are not confined to any membership; instead,they can be granted to anyone who can certify that
their products meet certain established standards.
In the tourism sector, certification is often furthest
advanced in – but not limited to – quality andsustainability, and safety- and health-related areas.

Source: Logis (n.d.). Home page. www.logishotels.com/

The owner of the collective mark is responsible
for ensuring its members’ compliance with certain
standards (usually set out in the regulations
concerning the use of the collective mark). The
function of the collective mark is therefore to informthe public about certain features of the productor service for which the collective mark is used.
Collective marks are often used, for example,
to promote products that are characteristic of agiven region and which are linked to the historical,
cultural and social characteristics of the area. In
these cases, the creation of a collective mark notonly helps to market the products domesticallyand occasionally internationally, but also
provides a framework for cooperation between
local producers. This is because the creationof a collective mark goes hand in hand with thedevelopment of certain standards and criteria,
as well as a common strategy. Consequently,

In some countries, a difference between collective
marks and certification marks is that the former
may be used only by a specific group of enterprises(e.g., members of an association), whereas thelatter may be used by anybody who complies
with the standards defined by the owner of thecertification mark. An important requirement
for certification marks is that the entity applying
for registration is considered “competent tocertify” the products or services concerned.
Like collective marks, certification marks
can be used together with the individual
trademark of the producer of a given good.
The label used as a certification mark showsthat a product meets specific standards.
Both collective marks and certification
marks heighten the reputational valueof the certified product or service.

33

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Although tourism businesses at large can leveragethese IP rights (for example, health and safety
certification seals can be used by accommodationand hospitality businesses, tour operators,
destinations, etc.), two tourism-related productive
sectors in particular can benefit from the useof collective marks and certification marks: thehandicraft sector, with its relevance to cultural
tourism; and the agri-food sector, with its relevanceto gastronomy tourism and to rural tourism.
The following case studies offer further examplesof good practice or potential in the use of collective
marks and certification marks in the tourism sector:– Case Study 1, Promoting partnerships between
tourism and local providers for sustainable
development in Turkey (p. 49);
– Case Study 5, Fair Trade Tourism: a certification
mark fostering sustainable tourism in Africa (p. 53);
– Case Study 6, The collective mark as a tool forboosting local economies within the tourism
value chain in The Gambia (p. 54);
– Case Study 8, Using certification marks to target
market segments in the tourism sector (p. 56);
– Case Study 15, Between the lake and themountains, music reigns unrivaled in Montreux,
Switzerland (p. 77);
– Case Study 16, The 2010 FIFA World Cup serves asa springboard for South African tourism (p. 82); and– Case Study 17, China’s integration of IP
and sports-related objectives into national
development and tourism strategies (p. 83).
Local handicrafts reflect the customs, values
and daily life of the community by which they
are produced. This is one of the most importantcharacteristics of artisanship: it is the expressionof a destination’s cultural, historical and social
heritage. It involves maintaining a particularskill that has developed in a given territory,
often out of pure necessity, and passing thisdown from generation to generation. Very often,
places with a rich crafting heritage become
tourism destinations, with handicraft production
acting as one of the main drivers of tourism.
Example of a collective mark:
Vetro Artistico Murano, Venice, Italy
The collective mark “Vetro Artistico Murano”
is a proof of origin provided by the Veneto
region and certifies that products havebeen made on the island of Murano incompliance with its glassmaking tradition.

34

The trademark protects the image of
Murano glass and guarantees the originof the product and its specific production
process, which is based on traditional
artistic methods developed over a period
of 1,000 years on the island of Murano.
In addition to enhancing an important aspectof cultural heritage, the brand reinforces thequality of the glass product and increases its
market price by extension. This in turn boosts
tourism, as visitors come to Murano not only
to learn about the art of glassmaking, but also
to find out more about the island’s history.
Source: Murano Glass (n.d.). Trademark.
www.muranoglass.com/en/marchio/

Another example of how tourism can benefit
from collective marks and certification marks
is found in gastronomy tourism, where
food clusters frequently join forces.
Gastronomy tourism is a type of tourism
activity which is characterized by the visitor’s
experience linked with food and related
products and activities while travelling. Alongwith authentic, traditional, and/or innovative
culinary experiences, Gastronomy Tourism
may also involve other related activities suchas visiting the local producers, participating infood festivals and attending cooking classes.
Eno-tourism (wine tourism), as a sub-typeof gastronomy tourism, refers to tourism
whose purpose is visiting vineyards wineries,
tasting, consuming and/or purchasing
wine, often at or near the source.
Source: World Tourism Organization (2019). UNWTO Tourism
Definitions. Madrid: UNWTO. doi.org/10.18111/9789284420858

Creative food clusters are places that offer visitors
an array of culinary tourism opportunities. These
include food tours and farm visits, as well ascomplementary experiences, such as arts-related
activities (e.g., cultural festivals).10 The developmentof food clusters for tourism purposes involves
leveraging local agricultural and cultural resources,
including elements of traditional knowledge (seenext section on geographical indications).
Example of a collective mark:food tourism market, Peru
Peru’s food tourism market, for example, has great
potential for further development. A food productof particular significance is mantecoso cheese,which is produced in the Cajamarca region in the2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

northern highlands of Peru. In addition to cheese
production, the region is known for ecotourism,
rural tourism and gastronomy tourism activities.
A collective mark is used by the cheesemakers
in Cajamarca to market their products. This markcould be further exploited through a strategic
collaboration with tour operators, who could
leverage mantecoso cheese to promote theregion to incoming tourists. As with other similarfood products, this may include offering visitors
guided tours of the cheese production facilities.
Source: Linking Collective Marks with Growthand Development https://www.wipo.int/
ipadvantage/en/details.jsp?id=2560

Example of a certification mark:
UNWTO.QUESTUNWTO.QUEST is a destination management/
marketing organization (DMO) certification systemdeveloped by the World Tourism Organization(UNWTO) to promote quality and excellencein tourism DMOs’ planning, management andgovernance. UNWTO.QUEST is a strategic toolthat allows DMOs to assess their performance,
implement an improvement plan to achieve thecriteria and standards of the certification, andenhance their governance management processes,
and thus contribute to the competitiveness andsustainability of the destinations they represent.
DMOs that successfully meet the criteria andstandards are awarded with the UNWTO.QUEST
certification, valid for four years (with thepossibility of renewal).

Source: World Tourism Organization (n.d.),'UNWTO.Quest' (online), available at: https://www.
unwto.org/UNWTO-quest (14-12-2020).

Geographical indications andappellations of origin11
A geographical indication is a sign used on
goods that have a specific geographical origin
and which possess qualities or a reputation as aconsequence. Most commonly, a geographicalindication consists of the name of the place oforigin of the goods. An appellation of origin isa special kind of geographical indication.

An appellation of origin is a special kind ofgeographical indication used on products thathave a specific quality, exclusively or essentially
due to the geographical environment in which
they are produced. Generally, this meansthat both the raw material sourcing and theprocessing of the product should take placein the place of origin. The term “geographicalindication” encompasses appellations of origin.
Source: World Intellectual Property Organization (n.d.).
Frequently Asked Questions: Geographical Indications.
www.wipo.int/geo_indications/en/
faq_geographicalindications.html

Geographical indications have supported thegrowth of rural tourism by enhancing tourism inagricultural rural (non-urban) areas. They may
fall under an umbrella brand applicable to awhole region or they may be an independent,
stand-alone destination brand. In the case ofwine tourism, groups of small wine-production
entities or wine-growing cooperative societies
have been able to market themselves more
effectively by selling under a single mark, referred
to as a geographical indication, pertaining to theirgeographical location and the wine production site.
Example of an appellation of origin:TequilaThe red volcanic soil in and around the Mexicancity of Tequila is perfect for growing agave
tequilana Weber (blue agave). Fermented juices
from these plants are distilled to produce tequila.
This fiery Mexican liquor takes its name fromthis city in the state of Jalisco, where production
began more than 200 years ago. While mosttequila is produced in modern distilleries in theareas surrounding the city, a few tiny familyrun businesses still use traditional production
methods without sophisticated machinery.
However, as production increasingly moves tothe modern distilleries, there is a risk of losing
centuries of valuable cultural knowledge.
Recognizing the value of blue agave – “liquidgold” – and its role as an integral part of thenational identity, the Government of Mexico
started to take measures to protect tequila
as early as the 1970s. This led to tequila
becoming the country’s first appellation oforigin in 1974. In addition to defining thegeographical areas in which tequila could
be produced, the appellation of origin has
enabled tourism to develop significantly in theregion. The Agave Landscape and AncientIndustrial Facilities of Tequila have been listed
as a cultural United Nations Educational,
35

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Scientific and Cultural Organization (UNESCO)World Heritage Site since 2006.
While the Government of Mexico holds rights
over the use of the name tequila, the Mexican
Institute of Industrial Property (IMPI) is the only
institution authorized to enforce these rights andprohibit any unauthorized use of the name.

Copyright12

Beyond securing considerable economic
opportunities and curbing counterfeit threats,
the appellation of origin has also helped topreserve a valuable part of Mexico’s cultural
heritage and traditional knowledge. This isbecause, as an important symbol of culture
and tradition, tequila is far more than simply
a national drink for the people of Mexico.

Local cultural and artistic expressions are key
elements of tourism services for host communities
and destinations, as well as for tourists andvisitors. The copyright system protects the workof local authors, performers and producers,
and enables them to benefit financially from it,
thereby incentivizing them to continue creating.

Source: United Nations Educational, Scientific and Cultural
Organization (n.d.). Agave landscape and ancient industrial
facilities of Tequila. http://whc.unesco.org/en/list/1209/

Copyright laws grant protection to authors, artists
and other creators against the unlawful use andreproduction of their literary and artistic creations,generally referred to as “works.” In most jurisdictions,the right comes into effect automatically on creationof an eligible work. A closely associated field is“related rights,” or rights related to copyright thatencompass rights similar or identical to those of
copyright, except that these may be more limited
and of shorter duration. The beneficiaries of related
rights include performers (such as actors andmusicians) in their performances, producers ofsound recordings, and broadcasting organizations intheir radio and television programs. Works coveredby copyright include, but are not limited to, novels,
poems, plays, reference works, newspapers,
advertisements, computer programs, databases,
films, musical compositions, choreography,
paintings, drawings, photographs, sculptures,architecture, maps and technical drawings.

Although geographical indications may be used fora wide variety of agricultural products, their use is
not limited to these. They may also highlight specificqualities of a product that result from human factors
in the product’s place of origin, such as specificmanufacturing skills and traditions. This applies toagricultural products, wines and spirits, handicrafts
and more. Geographical indications are understoodby consumers to denote the origin and quality of
products. Many of them have acquired a valuable
reputation, which, if not adequately protected, may
be misrepresented by commercial operators.
The reputation of specialty products with ageographical indication designation can provide
opportunities for market diversification withpotential spillover into the tourism sector. These
products often come from UNESCO World Heritage
Sites, which boosts the appeal for tourism andcultural heritage promotion further. Colombia
coffee and tequila in Mexico, for example, areproducts with geographical indication designations
that have a clear connection to food and drink
tourism. Similarly, Idrija lace textiles in Slovenia
and Olinala crafts in Mexico are examples ofgeographical indications in handicrafts andtextiles that support tourism and cultural heritage.
Rooibos tea in South Africa and argan oil in
Morocco show how geographical indications
can be linked to tourism and sustainability.
The following case studies offer further
examples of good practice in the use ofgeographical indications in the tourism sector:

36– Case Study 2, Geographical indications as atool for developing tourism and reviving the local
economy in Cambodia (p. 50); and– Case Study 11, Georgia's Chacha grape vodka:
how a protected geographical indication canboost exports and tourism development (p. 62).

The creators of works protected by copyright, andtheir heirs and successors (generally referred toas “right holders”), have certain basic rights undercopyright law. They hold the exclusive right to use or
authorize others to use their works on agreed terms.
Various types of tourism material can also be
subject to copyright protection, as they can beconsidered works of artistic creation. These include:– promotional materials, guidebooks and leaflets,
and logos (e.g., the Magical Kenya promotional
brochure and logo by the Kenya Tourism Board);13– websites (e.g., the official website of the Ministryof Tourism, Republic of Indonesia);14– booking and reservation systems, online
guest review platforms, and other online travel

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

platforms and solutions providing tourism-related
services such as plane tickets, accommodation,transport, insurance and other packages (seethe next example below) which may be protectedby copyright, or even by trade secrets, patents
or a combination of these rights, depending on
the national law of the country (essentially, theoperational software and database are protectedunder IP rights, although the type and extent ofprotection can vary by jurisdiction); and– images or audiovisual recordings of tourism
destinations, tourism products, or cultural or
heritage objects.
Example of copyright protection:
Despegar.com travel platform
Despegar.com Corp is an online travel company
based in Argentina, operating across 20 countries
in Latin America. It provides a broad rangeof travel products, including airline tickets,travel packages, hotel bookings and more.
The company’s one-stop marketplace draws
on its copyright-protected database, enabling
millions of users to find, compare, planand purchase travel services and products
through its websites and mobile apps.
Source: Reuters (n.d.). Despegar.com Corp.
www.reuters.com/companies/DESP.N

Example of a protected logo andcopyrighted website:
Wonderful Indonesia andIndonesia.Travel
The Ministry of Tourism of the Republic ofIndonesia created the Wonderful Indonesia
corporate logo and is responsible for theofficial destination website, Indonesia.Travel.
The terms and conditions of this website
establish that: “The Wonderful Indonesia
corporate logos are registered trademarks
and protected by law. Any unauthorized useof the symbols or representations closely
resembling the same are offenses that is
punishable under the applicable laws […].”
Wonderful Indonesia logo is registered in the
Directorate General of Intellectual Propertyof the Indonesia (file no. IDM000650036) by
the Ministry of Tourism of the Republic ofIndonesia under Nice Classification no. 35.
The content in the website Indonesia.Travelis copyrighted and, according to the terms

and conditions: “Any and all editorial content,
graphics, images, logos, sounds and multimedia
works (the ‘Content’) on the Website areprotected by proprietary rights, copyright,
other laws and/or international treaties, andare owned by, licensed to, or controlled by
The Ministry unless otherwise stated in theaccreditation. […] The design and layout of theWebsite are protected by intellectual property
and other laws and shall not be copied in whole
or in part No logo, graphic, sound, image orsearch engine from the Website may be copiedor transmitted unless expressly previously
permitted in writing by The Ministry.”
This is another example of protection of a logo
created to promote a country as a tourism
destination and owned in this case by the
National Tourism Administration, which is also
responsible for the official destination website,whose contents and search engine are also
protected by intellectual property rights.
Source: Ministry of Tourism, Republic of Indonesia (n.d.). Term
& condition. www.indonesia.travel/gb/en/term-condition

Copyright law also provides cultural institutions
such as museums with an important legal
mechanism protecting and promoting access tocultural heritage. Museums hold valuable assets,
including assets that are their own copyright,
such as the images of the works they acquire,preserve and exhibit and their communication
about the works. These assets can be leveraged
in different ways, such as image licensing, tosupport the institution’s mission, assuring theauthenticity of these works, and to raise funds
to preserve them and attract more visitors.
Example of footage and image licensing:
British Museum
To help fund its activities, the British Museum
licenses access to footage and imagesof its unique collection of over 2 million
years of human history and culture.
With the help of innovative scientifictechniques, the museum studies the objects
in its collection to uncover where, how
and when they were made. The results arephotographed and the high-quality digital
images are made available to license.
The museum also creates 3D scans of its
collection, showing objects’ width, depth
and height, and has a repository of high-37

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

quality footage. These 3D scans and clips
are also available for commercial licensing.

registered rights in the case of infringement.
The term of protection is also typically longer.

The British Museum is the owner of uniqueand authoritative content. By creating a
copyright-protected visual library that canbe commercially licensed, the museum isable to leverage the significant fundraisingpotential of its remarkable collection.

The conditions for the protection of design rights
largely depend on national legislation. A designthat is essentially dictated by the technical orfunctional features of a product may not be eligible
for protection. In addition, some countries exclude
handicrafts from design protection, applying thesystem only to products manufactured by industrial
means (“industrial designs”). In most jurisdictions,
there is specific legislation to protect design rights
whether registered or not (for example, registered
Community designs and unregistered Community
designs in the European Union). In some countries,
however, industrial designs are protected as “design
patents.” The minimum duration of protection
is usually 10 years for registered rights.15

Source: British Museum (n.d.). Images. www.bmimages.com

The following case studies offer examplesof good practice or potential in the useof copyright in the tourism sector:– Case Study 3, Performing arts and copyright:
creating innovative tourism products in Mexico(p. 51);– Case Study 12, Living culture in the forest andTúcume Pyramids: the eco-museum (p. 63); and– Case Study 15, Between the lake and themountains, music reigns unrivaled in Montreux,
Switzerland (p. 77).

Designs
From a legal standpoint, a design right protects theornamental or aesthetic aspect of an article. Froma designer’s standpoint, however, the concept of aregistered design is broader than this. In legal terms,
a design may consist of three-dimensional features,such as the shape or surface of an article, or of
two-dimensional features, such as lines, contours,
patterns or color. These can entail graphic symbols,
such as logos and emblematic designs, surface
patterns and ornamentation. Design is one of the
key factors that attracts consumers to a product orleads us to prefer using one product over another.
In the tourism sector, design rights are relevant invarious areas, including interior design and furnishings,
handicrafts and textiles, and product packaging. Goods
often purchased by tourists, such as handicrafts,
textiles and fashion (including items of clothing,handbags, jewelry and other accessories), may haveoriginal characteristics that could be protected byregistered or unregistered design rights. Provided thatthey meet the criteria for protection, designs that areoften associated with a particular place can be used
to promote that destination for tourism purposes.
A design right grants exclusive IP rights to
its creator either through legal registration(“registered designs”) or automatically on creation(“unregistered designs”). It is easier to enforce

38

Patents16
A patent is an exclusive right granted for an
invention. An invention is a product or processthat provides a new way of doing something or
which offers a new technical solution to a practicalproblem. In tourism, booking and reservation
systems and other ICT-oriented solutions can beprotected by (software) patents, if the jurisdiction
allows, or by a combination of patents with otherIP rights, such as trade secrets or copyright.
Patents provide patent owners with protection for
their inventions for a limited period – generally up
to 20 years. (Renewals or “annuities” are required
to keep the rights in force.) Patents also incentivize
inventors by recognizing their creativity and offering
the possibility of being rewarded for their marketable
inventions. These incentives encourage innovation,
which in turn enhances people’s quality of life.
Patent protection means that an invention cannot
be commercially made, used, distributed or soldwithout the patent owner’s consent. A patent
owner has the right to decide who may – or may
not – use the patented invention during the period
for which it is protected. Patent owners may
give permission or a license to other parties to
use their inventions on mutually agreed terms.
They may also sell their patent rights to someone
else, who then becomes the new owner of thepatent. Once a patent expires or is allowed tolapse, protection ends and the invention enters
the public domain. This is also known as coming
off patent and it means that the owner nolonger holds exclusive rights to the invention.

Photo: santirf / iStock Editorial / Getty Images Plus

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

39

Photo: ad_foto / iStock / Getty Images Plus

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

40

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

In general, an invention must fulfill thefollowing conditions in order to beprotected by a patent. It must:– be patentable subject matter;17– show an element of novelty, meaning some new
characteristic that is not part of the body ofexisting knowledge in its particular technical field;– show an inventive step that could not be
deduced by a person with average knowledge ofthe technical field (or be non-obvious); and– be industrially applicable (or be useful).
In addition, the invention must be disclosed ina sufficient manner in the patent application.
The following case studies offer further
examples of good practice in the useof patents in the tourism sector:– Case Study 13, Andalucía Lab, Spain: a
successful public–private partnership model intourism innovation (p. 68); and– Case Study 14, Refundit: revolutionizing tax-free
shopping for tourists (p. 69).

Trade secrets18
Broadly speaking, any confidential businessinformation that provides an enterprise with acompetitive edge may be considered a trade
secret. Trade secrets encompass manufacturing
or industrial secrets and commercial secrets.
Misappropriation of such trade secret informationis regarded as an unfair practice and a violation of
the trade secret, as protected by national laws.
The subject matter of trade secrets is usually
defined in broad terms. It includes sales
methods, distribution methods, consumer
profiles, advertising strategies, lists of suppliersand clients, and manufacturing processes.
In the tourism sector, trade secrets may be relevant
to, for example, customer databases (which might
include customer identities and preferences),booking systems (including pricing and discountpolicies), or data and analysis tools (i.e., tools
used for market intelligence and market plans andstrategies in tourism destinations). An exampleof the latter is the big data project conducted by
Ente de Turismo de Buenos Aires,19 which aims toprovide the DMO with a tool to establish and analyze
market information. This data can then be used todesign new tourism products, develop marketingstrategies and evaluate the economic impact of
tourism on the destination. This is an example ofthe type of information that companies and tourism
destination managers (i.e., DMOs) could consider
confidential and which would jeopardize theircompetitive advantage if accessed by competitors.

Traditional cultural expressions
and traditional knowledge: a
special case
Although there is no agreed international definition,
traditional knowledge20 can be understood as
a living body of knowledge that is developed,
sustained and passed on from generation to
generation within a community, often forming
part of its cultural or spiritual identity. Essentially,
traditional knowledge can be understood asknowledge, know-how, skills, innovations orpractices that are passed between generations in
a traditional context, and which form part of theheritage of indigenous and local communities who
act as their guardians or custodians.21 Traditional
knowledge is found in diverse sectors, frommedicine to agriculture, and often in products
and services along the tourism value chain, e.g.,technical knowledge to elaborate a meal, medicinal
knowledge to provide a wellness treatment.
The term “traditional cultural expressions”22 isused by WIPO to refer to the forms in which
traditional culture is expressed. Traditional culturalexpressions may be either tangible or intangible, or(most commonly) a combination of the two. They
are handed down from generation to generation
and are maintained, used or developed by theircustodians. They are constantly evolving, developing
and being created anew. In some cases, traditional
cultural expressions are, realized in the form of aservice or a product that a local community in a
tourism destination offers and makes accessible
to visitors. An example would be a woven rug (atangible expression) that expresses elements ofa traditional story (an intangible expression).
Traditional knowledge and traditional culturalexpressions are generally regarded as collectively
originated and held, so that any rights andinterests in this material should vest in theindigenous peoples and local communities
that develop, maintain and identify culturallywith them. This is also valid in cases in which
traditional knowledge and traditional culturalexpressions are developed by an individual41

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

member of a community. In some instances,though, beneficiaries may also include recognizedindividuals within the communities, such as
traditional healers or individual farmers. Typically,
this recognition arises through customary
understandings, protocols, laws or practices.
By their nature, traditional knowledge andtraditional cultural expressions cannot be fully
protected by the conventional IP system. In thefield of tourism and community entrepreneurship,
however, it has proven possible to protect
some uses of traditional knowledge andtraditional cultural expressions through existing
IP rights, such as copyright and related rights,
trademarks, certification and collective marks,
geographical indications and industrial designs.
The relevance of traditional cultural expressions
and traditional knowledge in tourism lies intheir potential as an asset that can serve asa foundation for the creation or developmentof tourism products and services.

Copyright and related rights in thecontext of traditional knowledge andtraditional cultural expressions
Traditional knowledge and traditional culturalexpressions are important elements in the tourism
sector; in some cases, they form the basis of a
tourism product or experience. Contemporary
original adaptations of traditional culturalexpressions – made by members of a community
or by third parties – may be copyrightable.
For instance, handicrafts may be protected bycopyright if they are original and possess artistic
qualities.23 Similarly, performances of traditional
cultural expressions may come under international
related rights protection. Depending on national
legislation, performers may have rights in theirsound and audiovisual performances, suchas performances recorded in a music video
or a film. In many jurisdictions, the rights may
cover fixed performances, as in a CD or a film,
as well as live or unfixed performances.24
Because they may be protected by copyrightor related rights, prior authorization could be
required when using works that are based on
traditional cultural expressions for commercial
and other purposes. For example, a film of a
traditional ceremony will likely be protected as acinematographic work, a recording of a song will
attract related rights, a contemporary adaptation ofa folk song is probably protected under copyright42

and photographs of traditional customs may not
be used without the photographer’s permission.

Trademarks, collective marks andcertification marks in the context
of traditional knowledge andtraditional cultural expressions
Traditional knowledge and traditional culturalexpressions may be directly or indirectly
protected by trademark laws. This branchof IP is about the protection of establishedreputation, distinctiveness and goodwill, suchas may be enjoyed by a traditional community
in the production of handicrafts, artworkand other traditional products, which can beincorporated into the tourism value chain.
Example of traditional knowledge andtraditional cultural expressions
protected by trademarks andtrade secrets: Siddhalepa
Ayurveda traditional medicine services include
wellness treatments and treatments for diseases
through Ayurveda hospitals, medical centers,
Ayurvedic spa treatments and beauty care centers,
offering opportunities in tourism promotion and thecreation of health and wellness tourism products.
Siddhalepa (the balm), a well-known Sri Lankan
brand, has pioneered medical tourism in Sri
Lanka. In 2007, it secured a trademark for its
Ayurveda resorts and spas. The flagship brand of
the Hettigoda Group, Siddhalepa manufactures
more than 150 Ayurveda medicines and healthcare, beauty, skin, oral care, wellness and spa
products. The Siddhalepa Ayurveda Hospital andAyurveda Resorts and Spas use more than 30
own-brand products, including Ayurvedic tonics,
oils, teas, capsules, soaps and creams in theirbusiness operations. The company has used theconcept of the Vedamahathmaya, or village doctor,
to create strong brand recognition and now has a
global presence. Ancient Ayurveda formulas andknow-how embedded in Ayurvedic products andspa treatment have been kept as trade secrets.
Source: Sampath Punchihewa, N. (2019). Intellectual Property
in Tourism and Culture in Sri Lanka. Geneva: WIPO. www.
wipo.int/export/sites/www/ip-development/en/agenda/
pdf/study_ip_in_tourism_and_culture_sri_lanka.pdf

Health tourism covers those types of
tourism which have as a primary motivation,
the contribution to physical, mental and/or spiritual health through medical andwellness-based activities which increase thecapacity of individuals to satisfy their own

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

needs and function better as individuals
in their environment and society.
Wellness tourism is a type of tourism activity
which aims to improve and balance all of themain domains of human life including physical,
mental, emotional, occupational, intellectualand spiritual. The primary motivation for thewellness tourist is to engage in preventive,
proactive, lifestyle-enhancing activities
such as fitness, healthy eating, relaxation,
pampering and healing treatments.
Source: World Tourism Organization (2019).
UNWTO Tourism Definitions. Madrid: UNWTO. doi.
org/10.18111/9789284420858.

Collective marks and certification marks are
particular types of trademarks that can beowned or used by groups of people, such as
indigenous peoples and local communities.
They indicate compliance with defined
standards and can be used to safeguard theauthenticity and quality of indigenous works.
A collective mark distinguishes the goods andservices of members of an association, whichis the owner of the mark, from those created byothers. It offers an opportunity for associatedartisans and producers to define the criteria of theirtraditional products, such as quality standards,
according to their traditional knowledge processes.
By being known collectively for the characteristicsof their traditional knowledge and traditional
cultural expressions, members of an association
can create an additional competitive edge.
Certification marks involve similar benefits
to collective marks, with the difference thata third party certifies a product or service
as complying with certain standards orcharacteristics, such as geographical origin,
material, mode of manufacture or quality.

Geographical indications in thecontext of traditional knowledge andtraditional cultural expressions
In many cases, and due to their relationshipwith natural components and specific humanskills, traditional knowledge or traditional culturalexpressions are associated with specific locations.
This makes traditional products strong candidates
for geographical indications or appellations of origin,which inform visitors and tourism consumers thatthe traditional product has a specific geographicalorigin and possesses qualities or a reputation that are
essential to that origin. The geographical origin may
be important because of natural factors (such as the
local soil or climate) or human factors (particular skills,
knowledge or traditions), or a combination of the two.25
Some traditional cultural expressions, suchas handicrafts, are protected indirectly using
geographical indications – in particular, appellationsof origin. Traditional knowledge and traditional culturalexpressions can be included in the specifications
or standards for the protected geographicalindication, giving them indirect protection.
Example of a geographical indication in
the context of traditional knowledge andtraditional cultural expressions:
the Montecristi straw hat
The Montecristi straw hat is made in the town ofMontecristi in Manabi province, Ecuador, by expert
weavers, and dates back to the 16th century. Its
production involves a time-consuming and laborintensive process that takes many steps such as
harvesting the green leaves of the toquilla plant,
boiling the fibers, the creation by expert weaversof intricate spiral patterns flowing outward fromthe center of the crown of each hat, the poundingof the rudimentary hats into their distinctive shape,
and the addition of finishing touches that mean thehats do not have seams. In 2008, the Montecristi
straw hat was recognized as an appellationof origin in Ecuador, thanks to the application
filled by a group of toquilla fiber artisans.
Source: World Intellectual Property Organization(2017). Protect and Promote Your Culture: A Practical
Guide to Intellectual Property for Indigenous Peoples
and Local Communities. Geneva: WIPO. www.wipo.
int/edocs/pubdocs/en/wipo_pub_1048.pdfedu/cspd/
pdf/ip_indigenous- traditionalknowledge.pdf.

Design in the context of traditional
knowledge and traditional
cultural expressions
Ornamental or aesthetic elements found in awide range of tourist accommodation in nichemarkets may be protected by design rights. The
strategic use of design registration to protect
ornamental or aesthetic aspects of furniture, forexample, may indirectly promote a destination’s
cultural heritage and add value to the tourism
experience. Hotel owners and designers can form
commercial partnerships in order to introduce
contemporary and/or traditional designs into
local boutique hotels, or to achieve market
differentiation and a competitive advantage.

43

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Registered design rights can be useful for new
and/or original designs in handicrafts, textiles andfashion, particularly if their appeal is expected tolast for more than one season. Traditional culturalexpressions are often a source of inspiration in the
fashion industry. New or original designs featuringmotifs that promote indigenous cultural heritage
may be protected by IP rights such as designs.
This means that registered design protection
for traditionally inspired designs may help local
fashion designers to promote their traditional
creations to discerning tourists, while preventing
competitors from producing similar designs.
Designs can also be copies of traditional culturalexpressions. Where a design simply copies a
traditional cultural expression, it will not meetthe requirement of novelty or originality andso it should be possible to prevent it frombeing registered or, if it has already beenregistered, to have the registration cancelled.
Packaging is an important medium forcommunication and branding. It has a strong
influence on purchasing decisions made at the
point of sale, protects goods from damage, attracts
consumers and provides useful information. These
functions are served by the various design elementsof the packaging. New and/or original ornamental
or aesthetic aspects of packaging design that
influence consumer behavior – such as color, shape,
image, material, label and typography – may beprotected by a design right and/or combined withother features to create a design that portrays
the cultural heritage of the place associated withthe product. Designs that embody the cultureof a place in the packaging of consumer goods
such as souvenirs may therefore promote thecultural heritage of tourism attractions. This canalso prevent competitors from imitating designs
that have significant consumer appeal, which
can ultimately increase economic advantage.
Traditional knowledge and traditional culturalexpressions are constant subjects of study intourism, mainly due to their complexity and highvalue for the sector and for local economies.26
WIPO provides guidance to communities regarding
the strategic and effective management of their IP;27
this benefits the local economy, contributes to theauthenticity of the tourism experience, differentiates
products and services, and can help to prevent
counterfeiting or copying by outsiders. When dealing
with traditional knowledge and traditional culturalexpressions, the tourism sector should incorporate
and understand the local communities’ associated44

values, and it should work with them throughappropriate governance models to reach agreementon the conditions under which traditional knowledge
and traditional cultural expressions are used,while preserving and further promoting the widest
possible range of cultural assets and expressions.28
The next chapter will establish and illustrate thespecific ties between IP and tourism. These will beillustrated through examples of good practices for
effectively using IP tools to boost tourism and casestudies of how IP rights can potentially be used,
whether throughout the tourism value chain, throughtourism destination branding and promotion, or
through tourism events and thematic routes.

2. HOW CAN INTELLECTUAL PROPERTY SUPPORT TOURISM DEVELOPMENT?

Endnotes
1

World Intellectual Property
Organization (n.d.). What is
intellectual property? Geneva: WIPO.
www.wipo.int/about-ip/en/.

2

World Intellectual Property Organization(WIPO). In Good Company: Managing
Intellectual Property Issues in Franchising.
WIPO: Geneva. www.wipo.int/edocs/
pubdocs/en/sme/1035/wipo_pub_1035.pdf.

3

For more on factors for tourism destinationcompetitiveness, see: World Tourism
Organization (2017). Report of the SecretaryGeneral, Part I: Programme of Work for
2016–2017 – (a) Implementation of theGeneral Programme of Work for 2016–2017. A/22/10(I)(a) rev.1. 22nd General
Assembly of the World Tourism Organization,
Chengdu, China, September 11–16.
www.e-unwto.org/doi/abs/10.18111/un
wtogad.2017.1.g51w645001604517.

4World Tourism Organization and European
Travel Commission (2009). Handbook on
Tourism Destination Branding. Madrid:
UNWTO. doi.org/10.18111/9789284413119.

5World Intellectual Property Organization(n.d.). What is intellectual property?
www.wipo.int/about-ip/en/.

6

For more information on the international
registration of trademarks, see: WorldIntellectual Property Organization (n.d.).
Madrid: The International Trademark
System. www.wipo.int/madrid/en/.

7

See, e.g., WIPO’s Global Brand
Database: www.wipo.int/branddb.

8

World Intellectual Property Organization(n.d.). Guide to WIPO Domain Name
Dispute Resolution. Geneva: WIPO.
www.wipo.int/export/sites/www/
amc/en/docs/guide-en-web.pdf.

9World Intellectual Property Organization(n.d.). What is intellectual property?
www.wipo.int/about-ip/en/.

10 Lee, A.H.J., G. Wall and J.F. Kovacs(2015). Creative food clusters and ruraldevelopment through place branding:culinary tourism initiatives in Stratford
and Muskoka, Ontario, Canada. Journalof Rural Studies, 39, 133–144.

11 “An appellation of origin is a special
kind of GI used on products that have a
specific quality exclusively or essentially
due to the geographical environment
in which the products are produced.
The term geographical indicationencompasses appellations of origin”:
World Intellectual Property Organization(n.d.). What is intellectual property?
WIPO: www.wipo.int/about-ip/en/.
12 World Intellectual Property Organization(n.d.). What is intellectual property?
www.wipo.int/about-ip/en/.
13 Kenya Tourism Board (n.d.). Home page.
http://ktb.go.ke/;
See also: Kenya Tourism Board
Magical Kenya (n.d.). Brochures. http://magicalkenya.com/brochures/; Kenya
Tourism Board (2019). The new Magical
Kenya logo, a promise to bring to life
memorable authentic experiences.
#EmbraceTheMagic. Twitter. May 16.
https://twitter.com/magicalkenya/status/1128979436471300096.
14 See Ministry of Tourism, Republic ofIndonesia (n.d.). Term & condition. www.
indonesia.travel/gb/en/term-condition.
15 According to Article 26(3) of
the TRIPS Agreement.
16 World Intellectual Property Organization(n.d.). What is intellectual property?
www.wipo.int/about-ip/en/.
17 It should be noted that, in many countries,
inventions relating to, for example, businessmethods and computer programs as suchare excluded from patent protection.
18 World Intellectual Property Organization(n.d.). What is intellectual property?
www.wipo.int/about-ip/en/.
19 World Tourism Organization and World
Tourism Cities Federation (2018).
UNWTO/WTCF City Tourism Performance
Research. Madrid: UNWTO. doi.
org/10.18111/9789284419616.
20 World Intellectual Property Organization(2018). Glossary of Key Terms Related toIntellectual Property and Genetic Resources,
Traditional Knowledge and Traditional

Cultural Expressions. Geneva: WIPO. www.
wipo.int/edocs/mdocs/tk/en/wipo_grtkf_
ic_37/wipo_grtkf_ic_37_inf_7.pdf.
21 World Intellectual Property Organization(2015). Intellectual Property and Genetic
Resources, Traditional Knowledge
and Traditional Cultural Expressions.
Geneva: WIPO. www.wipo.int/edocs/
pubdocs/en/wipo_pub_933_2020.pdf.
22 World Intellectual Property Organization(2018). Glossary of Key Terms Related toIntellectual Property and Genetic Resources,
Traditional Knowledge and Traditional
Cultural Expressions. Geneva: WIPO. www.
wipo.int/edocs/mdocs/tk/en/wipo_grtkf_
ic_37/wipo_grtkf_ic_37_inf_7.pdf.
23 World Intellectual Property Organization(2016). Intellectual Property andTraditional Handicrafts. TK Background
Brief No. 5. Geneva: WIPO. www.wipo.int/
edocs/pubdocs/en/wipo_pub_tk_5.pdf.
24 World Intellectual Property Organization(2018). Intellectual Property and Folk, Arts
and Cultural Festivals: Practical Guide.
Geneva: WIPO. www.wipo.int/edocs/
pubdocs/en/wipo_pub_1043_2018.pdf.
25 World Intellectual Property Organization(2017). Protect and Promote Your Culture:
A Practical Guide to Intellectual Property for
Indigenous Peoples and Local Communities.
Geneva: WIPO. www.wipo.int/edocs/
pubdocs/en/wipo_pub_1048.pdf.
26 World Tourism Organization (2012). Tourism
and Intangible Cultural Heritage. Madrid:
UNWTO. doi.org/10.18111/9789284414796.
27 World Intellectual Property Organization(2015). Intellectual Property and Genetic
Resources, Traditional Knowledge
and Traditional Cultural Expressions.
Geneva: WIPO. www.wipo.int/edocs/
pubdocs/en/wipo_pub_933_2020.
28 World Tourism Organization(2019). Recommendations on
Sustainable Development of Indigenous
Tourism. Madrid: UNWTO. DOI: doi.
org/10.18111/9789284421299.

45

Photo: Abbas Larbi / iStock / Getty Images Plus

3. Boosting tourism
development
through intellectual
property rights

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTYThis chapter will show how
intellectual property (IP) strategies(such as assignment, licensing,franchising and merchandising)open up possibilities for increasing
competitiveness, leveraging business
opportunities and easing access tofinancing for tourism stakeholders.

Chapters 1 and 2 presented an overview of the importance of tourism as adriver of socioeconomic growth, inclusive development and sustainability.
They also explained how an appropriate intellectual property (IP) strategy cancontribute to strengthening competitiveness in the tourism sector. By means ofcase studies, this chapter will explore specific links between IP and activities
within the tourism value chain. It will also identify the potential needs of tourism
stakeholders that can be addressed through IP in both the public sector and theprivate sector. In addition to presenting the protective purpose of IP, this chapter
will show how IP strategies (such as assignment, licensing, franchising andmerchandising) open up possibilities for increasing competitiveness, leveraging
business opportunities and easing access to financing for tourism stakeholders.

How can stakeholders in the tourism value chain
benefit from IP?
The following case studies and good practices illustrate how the IP
system can enhance the competitiveness of key stakeholders in the
tourism value chain. Each case study follows a similar structure:– it summarizes the main characteristics of the example (the “who, what andwhy”);– it highlights the areas of the tourism value chain, the relevant IP rights and theSustainable Development Goals (SDGs) that are affected;– and it outlines the potential added value to tourism development.
A summary table of all of the case studies can be found in the Introduction (p. 13).

48

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 1. Promoting partnerships between
tourism and local providers for sustainable
development in Turkey
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Using IP rights to communicate
messages of sustainable
practices to visitors and elementsof the tourism value chain
Why
Using certification marks
supports and promotes theestablished partnership
between the tourism andagriculture sectors

Background

Transportation
Accommodation

Fethiye, located in southwest
Turkey, boasts a wide range of
tourism assets and an establishedtourism market. Although thearea is famous for farming,
agriculture seldom featured in
the local tourism value chain. To
address the missing link between
these two sectors, the Travel
Foundation developed the Tasteof Fethiye project. One of the
project’s main objectives wasto connect small and mediumsized local producers with larger
tourism suppliers to support local
development in a sustainable way.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)IP added value
The project involved establishing
the Taste of Fethiye brand anddefining its specific quality
standards, to help hoteliers
to identify local produce andadvertise this sustainable practice
to customers. It is important to
use the appropriate IP rights
to protect these marks. For
instance, because of the natureof the project and the fact that
it is supervised by a third party,
a certification mark could be
used to maintain and protect
the brand’s message and locally
produced quality standards.1

Photo: sandsun / iStock Editorial / Getty Images PlusWho
The Sustainable Tourism
Charity Foundation, Turkey

49

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 2. Geographical indications as a toolfor developing tourism and reviving the local
economy in Cambodia
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
A geographical indication
drives tourism and creates
jobs in rural areas
Why
Making Kampot pepper a
protected premium producthelps to attract tourists andstimulate the local economy

Background
Since the 10th century, aparticularly fine variety of pepper
has been grown and tradedin the Cambodian province of
Kampot, using ancient knowledge
and expertise. Traditionally, theregion produced tons of peppers
each year, which were mainly
consumed locally. But, in 2010,
the Cambodian Government
gave Kampot pepper the statusof a geographical indication,transforming it into a premium
product with export potential.
As a result, pepper production
started to grow, boosting exports
and attracting to the region
tourists from all over the world.

50

IP added value

Transportation
Accommodation

By protecting Kampot pepper
as a geographical indication, theCambodian Government ensured
that only authentic pepper
produced in Kampot Province
could carry this prestigious
name. This made it possible
for pepper producers to buildand promote their brand andproduct range internationally.
As production capacities
expanded, so did opportunities
to develop tourism and create
new jobs for the local community.
Currently, more than 30,000
pepper plants are grown on theplantation. The pepper farm has
built its retail presence and now
distributes its produce in shops,
supermarkets and hotels, aswell as online. It has also gained
wider recognition and becomea key destination for tourists in
Cambodia, offering visitors theopportunity to experience thetraditional plantations of the
Kampot region and discoverancient recipes passed down
through centuries of cultivation.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: mauriziobiso / iStock / Getty Images Plus

Who
A traditional pepper plantation,
which began as a smallscale farm in Cambodia

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 3. Performing arts and copyright:
creating innovative tourism products in Mexico
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Increasing competitivenessthrough innovative tourism
products and experiences basedon traditional performing arts
Why
Using copyrights to protect
intellectual creations in tourism
and anticipate future challenges

Background
Promo Tur is based in Querétaro,
Mexico, a colonial town that wasnamed a World Heritage Site in
1996. This private tour operator
has developed the Theatrical Trailproject, an innovative initiative
combining theater with tourism.
The project’s objective is toimmerse tourists in traditional
city legends at the historicsites associated with theselegends. Promo Tur offers many
performances with the supportof more than 70 staff members,
including actors and musicians.

IP added value

Transportation
Accommodation

The Theatrical Trail uses plays
to combine the historical settingwith visitors’ interests. This
creative venture is protected bycopyrights (or author’s rights)
to ensure that commercial
profits are passed on to theplaywrights.2 For this to happen,
it is essential to understand how
copyright protects the author’s
creative output, while preventing
potential competitors from using
the works unless authorized
by the right holder. The useof IP rights helps to protectcompetitive advantage in the
sector. Furthermore, new typesof copyright could be generated
if the plays were later broadcast,filmed, recorded or rewritten as
prose. Copyright could belong to
the additional stakeholders, suchas the performers, musicians,
playwright, tour operator andeven spectators, as relevant.
Clear copyright agreements
and visitor notices should
therefore be in place in order
to avoid future conflicts.3

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: Gerardo Huitrón / iStock Editorial / Getty Images Plus

Who
A private tour operator in Mexico51

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 4. Boosting tourism opportunities
through a beverage trademark in Sri Lanka
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

Who
The Dilmah tea
company, Sri Lanka
What
Using IP rights to leveragebusiness opportunities
in the tourism sector
Why
A successful trademark drives thedevelopment of tourism products

Background

Transportation
Accommodation

Building on this success, Dilmah
has expanded into tourism byturning four tea estate bungalowsin central Sri Lanka into luxury
guesthouses known as the
Ceylon Tea Trails. This innovative
concept plunges tourists into
daily life on a working tea estate
and teaches them how to brew
the perfect cup of tea. In 2011,
Ceylon Tea Trails won a Travellers
Choice award from TripAdvisor.4
The Dilmah company is an
example of good practice insuccessfully using a trademark
to turn reputation and quality
into business opportunities inthe tourism sector (in this case,accommodation and leisureexperiences in rural areas).
This shows the great potentialthat IP rights have to support
new commercial opportunities
in the tourism sector.5

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: tunart / E+ / Getty Images

The Dilmah tea company in
Sri Lanka has successfully
protected the Dilmah trademark
for its product quality, ethics andbusiness practices. As a result,
Dilmah tea has become one of
the most popular teas in theworld. When consumers see theDilmah brand, they know that it
is not only of the highest quality,
but also ethically grown andprocessed in Sri Lanka, ensuringthat profits reach the local people.

IP added value52

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 5. Fair Trade Tourism: a certification
mark fostering sustainable tourism in Africa
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Use of a certification markas a distinctive added value
in the tourism sector
Why
Increasing added value andcompetitiveness of tourism
businesses, and supporting
sustainable tourism development

Background
In South Africa, the concept offair trade has been extended
to tourism enterprises. FTT
is a nonprofit organizationthat promotes equitable andsustainable tourism development.
Among its many initiatives, FTT
certifies tourism businesses
that meet its criteria based onfair labor, consumption andproduction, benefit distribution
and respect for human rights.
This certification system
has been implemented in
Madagascar, Mozambique,South Africa and Zimbabwe.

IP added value

Transportation
Accommodation

By distinguishing their products
or services, IP rights provide theirowner/holder with a competitive
advantage, as well as a means
to of protecting creativity inall its different expressions. In
this case, a certification markenables visitors to distinguishbusinesses that meet the criteriaof sustainable tourism. This adds
value to the certified businesses
and differentiates their products
from those of competitors. FTT
also provides guidelines fortourism businesses that wish tovoluntarily improve their practices.
These companies can later obtainthe certification and take part invarious networking, promotionaland commercial activities
along with other like-minded,certified tourism businesses.6

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: AJ_Watt / E+ / Getty Images

Who
Fair Trade Tourism (FTT),a nonprofit organization in
Madagascar, Mozambique,South Africa and Zimbabwe

53

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 6. The collective mark as a tool forboosting local economies within the tourism
value chain in the Gambia
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
IP rights supporting
inclusive tourism growthin the tourism sector
Why
Unlocking tourism value chain
potential through collective
marks, strengthening partnerships
and quality, and fostering local
economies’ opportunities within
the tourism sector
BackgroundTo address tourism challenges
and opportunities in the Gambia,
the country developed different
strategies within the tourism value
chain to support informal suppliers8
such as beach fruit sellers,guides, craft market vendors,
tourist taxi drivers, small hotels
and guesthouses. The aim was todistribute the benefits of tourism,
particularly visitors’ expenditure,among local economies, whileat the same time reinforcing thedestination’s quality standards.
The ensuing initiatives to regulate
the informal economy through
ASSERT, which were supportedby the Department for International
Development (DfID) in the United
Kingdom,9 resulted in formalizing
some SMEs and enabling them54

to enter the tourism value chain.
Guidelines were also provided,
including a code of conduct andquality requirements for maintaining
acceptable tourism standards.

Transportation
Accommodation
Food and beverages
Handicrafts
Tourism assets

IP added value
Supported by stakeholders in theformal and informal economies, thisinitiative has been proven to benefit
local suppliers and improve tourists’experiences. In view of ASSERT’s
multistakeholder structure,
the use of a collective mark toenhance the local tourism sector
would be advisable. This would
show visitors and other players
in the tourism value chain which
products meet the set standards.
It could also reinforce partnerships
both within the tourism sector(i.e., between local artisans andhotels, or between guides and tour
operators) and with other sectors,
such as the agricultural sector.

Leisure, excursions and tours

SDG(s)

Photo: Thomas Guenther / iStock / Getty Images Plus

Who
Association of Small
Scale Enterprises in
Tourism (ASSERT),7 the Gambia

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 7. Trademarks and tourism trails:
a solid alliance to support job creation and thedevelopment of rural economies in Lebanon
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Advancing job creationand development in rural
areas through trademark
and IP strategies promoting
tourism initiatives
Why
Leveraging IP strategies to foster
funding opportunities in tourism

Background
Given the undeveloped natureof tourism in rural areas, theLebanon Ministry of Tourism
launched the Lebanon Mountain
Trail (LMT) project,10 with thesupport of the United States
Agency for International
Development (USAID). In 2007,
the Lebanon Mountain Trail
Association (LMTA), a nongovernmental organization,
was established to continue
the project. The LMT covers
470 km and includes a World
Heritage Site, biosphere reserves,protected areas, and morethan 75 villages and towns.

IP added value

Transportation
Accommodation

As part of the LMT project,
guesthouse owners and guides
received special training. The
initiative was supported by the
LMTA and the Ministry of Tourism
guesthouse network, and involved
encouraging hikers to stay longer
and recommending hiring trained
guides for safe and enjoyable hikes.
The LMTA’s self-financed structureis strongly supported by two hiking
events. In 2017, the Thru-Walk event
brought USD 60,000 in income
to local communities throughaccommodation, restaurants
and purchases, and hikers raised
another USD 12,000 for theconservation of the trail.11 The LMT’s
impact on the local economy isevident. A registered trademark
could offer the opportunity to protect
the brand and help hikers to identify
the trained guides, guesthouses,
annual events and official
merchandise that fall under the
LMTA umbrella. IP strategies, suchas licensing and merchandising,
could be used to support andleverage funding opportunities.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: Em Campos / iStock / Getty Images Plus

Who
Lebanon Mountain Trail
Association (LMTA), withthe support of the Lebanon
Ministry of Tourism

They also ensure the quality ofbranded services and products,
preventing counterfeit products
from entering the market.

55

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 8. Using certification marks totarget market segments in the tourism sector
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Certification marks as a tool toestablish a competitive edge
and strengthen the destinations’
reputation in a specifictourism market segment
Why
Harnessing the potential ofcertification marks to target
specific tourism market segments

Background
Certain cultural features areassociated with customs andreligious rites concerning foodand dress. In particular, dealing
with Halal food (permitted foods
as prescribed in the Qur’an)
requires special attention.
By effectively meeting Halal
standards, both public tourism
authorities and the private
sector can create a competitive
advantage in the tourism sector.

56

IP added value

Transportation
Accommodation

Malaysia was among the first
countries to implement the Halalcertification system, which is
now one of the primary assets inthe country’s appeal to Muslim
tourists. In Thailand, the Ministryof Tourism and Sports andthe Halal Standard Institute ofThailand have launched the Halal
Food Standard Certification forfood shops, restaurants andhotels in major cities. The country
has also brought the certification
into the digital world, with a
special app listing mosques, Halal
restaurants and hotels, and otheruseful facilities for Muslim visitors.
In this case, the certification markserves a dual purpose: providing
a framework of standards for
products to conform to (i.e.,
Halal-certified products) andstrengthening the destinations’
reputation in a specific segmentof the tourism market.12

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: David_Bokuchava / iStock Editorial / Getty Images Plus

Who
Miscellaneous public andprivate authorities responsible
for certification systems
within, or applicable to, thetourism sector in Malaysia andThailand (among others)Photo: nazar_ab / iStock / Getty Images Plus

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

How can policymakers use IP
rights in tourism destination
promotion and branding?
Tourism destinations need to differentiatethemselves from other destinations, and market
themselves as offering unique and distinct tourism
products. For example, many destinations havenatural, cultural and built-environment resources,
as well as assets, attractions and facilities. A
destination brand can serve the purpose of uniting
all of those attributes and experiences (sometimes
referred to as the destination’s DNA) under one logo
or slogan. This can then form the essence of anumbrella brand, under which the different tourism
experiences and tourism products can be built up.13
Tourism destination branding cannot be separated
from the wider and more complex concept of nation
branding,14 which can be directed at a specificsector such as tourism. Examples of nation branding
campaigns include “Incredible India,” “Malaysia,
truly Asia” and “South Africa, it’s possible.”

The role of NTAs, NTOs and DMOs
A national tourism organization (NTO),
responsible for marketing a country abroad asa tourism destination, is, in general, either partof the national administration or an independent
body […]. When it is a part of the National
Tourism Administration (NTA), various possibilities
exist. The NTO may be part of a ministry that is
responsible for tourism policy only, or it may bepart of a ministry that is responsible for moreareas of national policy […]. In addition to theirrelationship with the tourism administration,
NTOs generally have strong ties with regional
and local tourism boards and the private sector.
A destination management/marketingorganization (DMO) is the leading organizational
entity which may encompass the various
authorities, stakeholders and professionals, andfacilitates tourism sector partnerships towards
a collective destination vision. The governancestructures of DMOs vary from a single publicauthority to a public/private partnership modelwith the key role of initiating, coordinating
and managing certain activities such as
implementation of tourism policies, strategicplanning, product development, promotion andmarketing and convention bureau activities.
The functions of the DMOs may vary fromnational to regional and local levels depending
58

on the current and potential needs as well as on
the decentralization level of public administration.
Not every tourism destination has a DMO.
Sources: World Tourism Organization (2006). Structures
and Budgets of National Tourism Organizations(2004<closed en dash>2005) (English version). Madrid:
UNWTO. doi.org/10.18111/9789284411481; World Tourism
Organization (2019). UNWTO Tourism Definitions.
Madrid: UNWTO. doi.org/10.18111/9789284420858

The various mandates and remits of NTAs, NTOs
and DMOs include a wide range of activities
and functions (encompassing data collection
and analysis, market intelligence, tourism policy
formulation and implementation, strategicplanning, promotion and marketing, and soon). Each of these entities therefore plays a keyrole in destination promotion and branding.15
A destination brand refers to the collection ofperceptions that a person has of a destination
based on the destination’s observablecharacteristics, which differentiate it from allother destinations. It refers to a destination’scompetitive identity. It is what makes adestination distinctive and memorable. It
differentiates the destination from all others.
It is the foundation of the destination’s
international competitiveness. A destination
brand represents the core essence andenduring characteristics of a destination; itis the DNA that defines the destination.
Source: World Tourism Organization and European Travel
Commission (2009). Handbook on Tourism Destination
Branding. Madrid: UNWTO. doi.org/10.18111/9789284413119

Destination brand creation and promotion are
key elements of a destination’s tourism policy,
whether at the national, regional or local level.
Many authorities or entities are responsible fordeveloping or owning such a destination brand –usually NTAs or NTOs, as well as DMOs at local andregional levels. These entities may allow tourism
stakeholders in the destination to use the logo
and/or slogan representing the destination brand in
addition to, or in place of, a brand of their own. For
this purpose, it is important that the NTA/NTO or
DMO prepares a brand toolkit or guidelines on theterms of use of the logo from a legal and technicalperspective. The guidelines should also explain
the brand values. Legally speaking, they should
include the conditions under which the logo or
slogan can be used: who can use it, when/for what
purposes (normally with a not-for-profit purpose)and where; the duration of the use; legal provisions
in case of abuse or misuse – and so on. From a3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

technical perspective, the guidelines should also
explain how the logo or slogan should be depicted(in terms of font, color, etc.). Often, written logo
requests are required and users have to submit
examples of their intended usage for prior approval.
Generally, the applicant is required to provide
every example of the way and of every situation inwhich it intends to use the logo. The purpose ofthis step is to demonstrate that the applicant will
not use the logo in any situations that are likely
to damage the reputation of the brand owner (thedestination). With regard to the brand values, brandtoolkits are used for training and capacity-building.
This training is relevant not only for NTA/NTO
and DMO staff, but also for brand stakeholders
and advocates, who need to understand how
to apply the brand to their own organizations’marketing communications and materials.
The key competencies that fall under the remit of
DMOs, particularly at local and regional levels,
are destination marketing, promotion, outreachand branding. This includes destination brandcustodianship and the use of adequate tools toleverage revenues from an appropriate branding
strategy. DMOs are becoming increasingly awareof the value and power of building a strong
and vibrant brand that is closely connectedto the values of the destination. Consistently
delivering excellent value increases brandloyalty, and visitors are therefore more likely toreturn to the destination on a regular basis.
The vast majority of DMOs have an official
brand strategy. In most cases, this is developedin collaboration with private and public
sector tourism stakeholders and regional or
national tourism boards. Moreover, for mostDMOs, it is very important that stakeholders
understand and support the brand. Many
DMOs believe that their stakeholders use
the destination brand in their own marketing
communications very often or most of the time.16

The role of IP rights

or slogan, or a combination of these – used todifferentiate goods and services. Marks canbe owned by an individual or company, by anassociation for use by its members (usually called
collective marks), or by a certifying authority
responsible for controlling the quality of the goodsin question (usually called certification marks).
Similarly, a brand image can develop around ageographical indication – a sign used to specify thegeographical origin (e.g., a city, region or country)of certain goods – which may also indicate aparticular quality or reputation. Repeatedly using a
trademark or geographical indication in connection
with a particular kind of good or service can createa meaningful and positive image for the consumer.
A trademark or geographical indication can createa brand image that combines a destination’s
core assets and attributes (including cultural or
natural resources, tourism amenities, and so on)with its emotional value (i.e., the feelings andattitudes visitors associate with the destination).
Tourism policymakers, whether at national
level (NTAs/NTOs) or local level (DMOs), playa key role in the strategic planning of overall
tourism development. Tourism productdevelopment is an integral part of this.
Tourism products are the basis of a destination’s
tourism sector operation.17 As already seen, a
tourism product is a combination of tangible andintangible elements – such as natural, cultural andbuilt-environment resources, as well as attractions,facilities, services and activities. These encompass
a specific center of interest, representing the coreof the destination marketing mix and creating an
overall visitor experience for potential customers.
A tourism product is priced and sold throughdistribution channels, and it has a life cycle. Thismeans that, as with any other product, it can bemarketed and branded. It can also be protected
and commercialized by means of IP rights, which
will help to distinguish the product from others andgive it a competitive advantage in the marketplace.

NTAs, NTOs and DMOs might build destination
brands using different tools, but trademarks and/or
geographical indications can help to develop abrand image and, with it, a destination brand. Thisis because these types of IP right are commonly
the most visible, effective, relevant and frequently
used IP mechanisms for branding purposes.
A brand image is usually built around a trademark:a distinctive sign – such as a word, color, logo,
59

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 9. Armani Hotel, Dubai, United
Arab Emirates: a designer’s hotel experience
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Signature hotels offer a unique
tourist experience, capitalizingon the value of industrial
design and global brands
Why
Industrial design can makea difference in the tourism
and travel industry, adding
significant value to related
products and services

Background
Situated at Burj Khalifa, oneof the most famous and tallest
buildings in the world, theArmani Hotel Dubai opened its
doors in the heart of the city in2010. Following an agreement
signed in 2005, Giorgio Armani
S.p.A. has awarded a longterm license to EMAAR Hotel &Resorts LLC for the operation of
the chain of Armani Hotels andResorts, whereby EMAAR isfully responsible for real estate,
construction, management
and operations, while fashion
designer Giorgio Armani oversees
all aspects of content, interiors
and amenities design and style,incorporating the various Armani
fashion, furnishings and beautycollections. The inaugural hotel
60

Transportation
Accommodation
Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)IP added value
The strategic use of industrial
design enables Armani Hotels andResorts to showcase Armani’sfine features across a variety ofornamental elements (spanninghome accessories, furniture,lighting and textiles). Building ona thoughtful branding strategy,
Armani is well established in ahighly competitive tourism sector
by the strength of the brand’s
reputation and the designer’s
signature style and aesthetic. Inline with the brand’s philosophyof excellence in service, theArmani chain of hotels andresorts also promotes the cultural
heritage of the destination,with tailored interior designs
that delicately reflect traditional
characteristics, offering added
value for the tourism experienceand sustainable competitive
advantages to the brand.

Photo: arabianEye FZ LLC / Alamy Stock PhotoWho
Armani Hotel in Dubai, UAE,
where designers extend theirsignature style beyond luxury
or branded goods to design
hotels and residencesfeatures the personal touch of
Giorgio Armani throughout its
160 rooms and suites, offering aunique blend of authentic Dubai
hospitality and refined Italianelegance and style. Several
roadshows were hosted by
EMAAR in London, Moscow,
Milan, New Delhi and Riyadh
in the lead-up to the unveilingof the Armani Residences.

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 10. Jamaica’s sustainable
Community Tourism Toolkit
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Trademark licensing according tolocal and international standards
Why
Enhancing small community
tourism enterprises throughlicensing

Background
Community-based tourism isa growing phenomenon. This
presents Jamaica with a major
opportunity to advance toward
its goal of an inclusive tourism
sector that contributes to thenation’s economic and social
development. In order to takeadvantage of this opportunity,
a toolkit for monitoring andmanaging community-based
tourism has been developed.18
This initiative also forms part ofefforts to support communities
and local enterprises todevelop, sustainable community
tourism experiences readyfor the export market.

IP added value

Transportation
Accommodation

The Community Tourism
Toolkit was created through apartnership between the Ministryof Tourism, the Jamaica Tourist
Board (JTB), the Tourism ProductDevelopment Company (TPDCo)and the Jamaica Social
Investment Fund (JSIF). The
Toolkit was created in responseto the difficulties faced by small
community tourism enterprises –from accommodation providers
to adventure and community
tour operators – in setting up andmanaging their businesses. It
includes a handbook containing
comprehensive information
about running a sustainable andprofitable community tourism
business, and a step-by-stepguide to obtaining a JTB license.
Thanks to the Toolkit andaccompanying training andcapacity-building sessions,these enterprises are now
better equipped to meet local
and international standards.
This is a good example of how
an adequate IP protection
strategy – and, in this case,trademark licensing – contributes
to local economic and social
development in the tourism sector
under a public authority initiative.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: Debbie Ann Powell / iStock Editorial / Getty Images PlusWho
The Jamaica National Tourism
Authority, in partnershipwith other public entities

61

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 11. Georgia's Chacha grape vodka:
how a protected geographical indication canboost exports and tourism development
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
The potential of a geographicalindication in tourism
development and promotion
Why
Protecting an important national
brand, while increasing tourism
and stimulating the local economy

BackgroundGeorgia’s long history of grape
cultivation and wine production isreflected by its traditional national
drink: Chacha, a strong spiritthat is distilled from grapes. In
2005, the Government of Georgia
enacted new IP legislation, theLaw on Appellations of Origin
and Geographical Indications ofGoods (the AOGI Law). This law
primarily allows the registrationof appellations of origin andgeographical indications forwines, spirits and mineral waters
originating in Georgia. Many of
the country’s famous wines thatmake up the grape pomace fromwhich Chacha is made – suchas Atenuri, Kakheti and Tvishi– are registered internationallyas appellation of origins.

62

IP added value

Transportation
Accommodation

Obtaining a geographicalindication for Chaca was one of
the first steps that Georgia took
to protect this important national
product. This gives Chacha
producers throughout the country
a valuable tool for assuring
their customers that they arepurchasing authentic, traditionallymade Georgian Chacha. The
Chacha geographical indication
therefore helps in two ways:
it strengthens the brandinternationally and increases
exports; and it draws in visitorsfrom abroad for wine tourism
experiences (which may leadto travel to the wider Caucasus
region). The Chacha geographicalindication is something uniquely
Georgian that the government andproducers can leverage to bringin more tourism and foreign direct
investment (FDI). For example, inthe popular and up-and-coming
resort of Batumi on the Black Sea
coast, the local government has
implemented a unique campaign
based on the power of the Chachabrand. A 25 meter tower was built
in the city center in 2012, with anobservation deck, clock, pools
and tourist information center.
Outside the tower, an ornate
water fountain flows with locally
produced Chacha, instead ofwater, for 10 to 15 minutes eachweek. This creative initiative has
the potential to increase tourism
and stimulate the local economy.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: Loop Images Ltd / Alamy Stock Photo

Who
Government authorities, alongwith Chacha producers in Georgia

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 12. Living culture in the forest
and Túcume Pyramids: the eco-museum
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
An innovative eco-museum
promotes sustainable tourism,
while involving the local
community in conservation workand tourism development
Why
Promoting innovation in thesustainable use of tangible andintangible cultural resources bytransforming a traditional museum
into a “museum without borders”

Background
The archaeological complex of
Túcume in Peru’s Lambayequeregion, known as The Valley of
the Pyramids, is one of the mostimportant prehistoric monumentson the Moche Route. Locatedin a well-preserved dry forest,
it is one of the largest and mostimpressive archaeologicalsites not only in Peru, but
in all of South America. The
museum housing Túcume’sarchaeological collection is
one of the main attractions
for international and domestic
tourists visiting the region. Facedwith an ever-growing number ofvisitors, the museum upgradedits facilities by transforming
into an eco-museum. Local
artisans, transport providers,tour guides, restaurants,

Transportation
Accommodation
Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

IP added value
The attractiveness and thetourism potential of the Moche
Route is undisputed and a
Moche Route brand can now
be developed, with the supportof DMOs and other institutions
involved in the tourism value
chain. Additionally, theeducational and promotional
materials that the eco-museum
produces are all eligible forcopyright protection and will beowned by the museum (subject
to agreement or assignment).

SDG(s)

Photo: barbaraaaa / iStock / Getty Images Plus

Who
A cultural tourist destination
captures the pre-Hispanic
traditions of the Moche culture

schools and other organizations
now work together in thisseamless space of “territory,
heritage and community” toprotect both tangible andintangible cultural resources.

63

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

How can IP rights promote
tourism innovation and leveragefundraising?

products and a marketing strategy, as wellas promoting tourism, and of monitoring andevaluating tourism performance and impact.

The IP system provides an incentive to include
added value in services and products, since IP
rights provide a means of recovering and profitingfrom investment. In other words, increasing thequality of the material used to manufacture a
product, or improving the quality of a service, canincrease the value (reputation) of the brand. The
product or service may then sell for a higher priceand/or reach a wider audience or premium segment.
For example, this can apply in the aviation industry
to an innovative, patent, design or copyrightprotected seat model used in business or first class.

The initiative included the development of aplatform of tourism indicators for government
use, which would provide a wealth of
information for strategic decision-making
and tourism management, including dataon: reservations and purchases of air tickets
to Buenos Aires and to competitor cities,
accounting of national and international
tourists antennas and mobile phones, among
other metrics. This requires a great dealof work in terms of data integration from
nonproprietary databases and analysis ofstatistics generated, as well as efforts aroundobtaining investment in order to develop andmanage the copyright-protected platform.

Technical innovation can play an importantrole in enhancing the competitiveness andsustainability of the tourism sector. For example,
the concept of a “smart destination” relies onfive pillars: technology, innovation, governance,
accessibility and sustainability.19 The first two
pillars, technology and innovation, have provenhelpful in enhancing the other three pillars. They
can also help to address tourism challenges,
such as managing increasing numbers of tourist
arrivals in a destination without exceeding its
carrying capacity.20 A recent example of technicalinnovation in the tourism sector is the “Big Data
project” by Ente de Turismo de Buenos Aires.21 The
innovative technologies and know-how involvedin this type of project can be protected through IP
rights such as copyright, database rights, patents
and trade secrets (depending on national laws).
This highlights once again how the effective use of
the IP system and IP strategies can be critical toharnessing a destination’s full economic potential.
In this case, copyright on the database(s) that
support the platform – as well as databaserights (to protect the collection of data),
patents (for the underlying technology) andtrade secrets (for the development and useof the tool) – could be considered, in order toprotect the IP involved. This protection could
then be leveraged to secure the investment
needed to develop and manage the project.
Example of “Big Data” solutions applied totourism destination management: Ente deTurismo de Buenos Aires, Argentina
As part of its destination management strategy,
Ente de Turismo de Buenos Aires envisaged
the creation of its own big data tool applied totourism, with the objectives of designing new
64

Sources: World Tourism Organization and World
Tourism Cities Federation (2018). UNWTO/WTCF
City Tourism Performance Research. Madrid:
UNWTO. doi.org/10.18111/9789284419616; Ciudad de
Buenos Aires (n.d.). Observatorio Turístico. https://turismo.buenosaires.gob.ar/es/observatorio.

Tourism innovation requires investment, which canbe expensive. This can be particularly challenging
for entrepreneurs and startups seeking financing
for their projects. The progression from an idea
or initial research to a marketable product or
innovation is often difficult, long and costly.
Unfortunately, in many cases, inventions andinnovations are considered high-risk investments
and do not obtain financial support easily. Someof the specific factors that influence innovation
are relationships between universities, financial
institutions, governmental offices and industry
networks. Since these factors can be influenced bynational policies, part of a government’s strategy
should be the establishment of special advisory andtech information services to support innovation.22
Appropriate IP policies, an effective legal
framework, robust operational infrastructureand effective education are key elements of an
innovation ecosystem that leads to an innovativeand competitive nation. In particular, a welldeveloped IP legal framework is the cornerstoneof an effective innovation ecosystem. It is thefoundation of an enabling environment thatencourages entrepreneurs and businesses to invest
in developing solutions to technological challenges.23
The World Tourism Organization (UNWTO)
advocates for the tourism sector’s investment ininnovation and digital transformation.24 Innovation in3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

tourism, as in other sectors, requires collaborative
action between governments, academia,
corporations, micro, small and medium-sizedenterprises (MSMEs) and startups, investors,
supporting business partners (accelerators,
incubators, etc.) and other stakeholders. Fosteringa successful tourism innovation and entrepreneurial
ecosystem requires connecting all stakeholders
to collaboration opportunities and prioritizing
capacity-building in tourism and technology:25– Government and public entity policies that foster
innovation, trade and the adoption of technologies
generally promote innovation in tourism.
– Academia creates frameworks and models
on sustainable innovation in tourism smart
destinations and contributes knowledge togovernments, startups, small and mediumsized enterprises (SMEs) and supporting
business partners.
– Corporations develop new technologies, raiseawareness internally about innovation, implement
organizational structures and visions fortechnology, and invest in open innovation.
– Startups and SMEs – and microenterprises –develop and implement disruptive technologies
in tourism to satisfy and reflect the needs anddemands of travelers, and they create innovative
tourism solutions that support the SDGs.
– Investors in sustainable projects related totourism and technology, support the growth andinternationalization of corporations, destinations,
SMEs and startups.
– Supporting business partners work with startups
that are directly or indirectly impacting the
tourism value chain.
– Training tourism policymakers and managers on
the basics of IP can enrich tourism management.
The development of this innovation ecosystem
entails the creation and use of IP assets,
since many new technologies are protectedby IP rights. Some examples are software
for hotel management and booking systems,
databases, apps and even video games used
to promote tourism destinations. All of thesecan be protected by copyright, for example.
Patents are of particular interest for the transportindustry – including in aviation, cruises and soon – with related patents filed every year for newseat models or airbag systems, for example.
The legal protection of new creations encourages
the commitment of additional resources forfurther innovation. Innovation can contribute to
the competitiveness and sustainability of tourism

destinations while bringing social benefits tothe visitors. A good example of this is the use ofsmart technologies for accessible tourism.26
Example of a smart technology aiming
to make tourism accessible: ONCE
Foundation, Spain
The ONCE Foundation of Spain won the UNWTO
Award in Non-Governmental Organizations at the
15th UNWTO Awards with the AMUSE Project.
The AMUSE project is an innovative initiative thataims to turn museums and exhibition centers
into inclusive smart environments that meet theneeds and preferences of people with disabilities.
It is a mobile application, developed for Android
and iOS operating systems, that provides accessto the visual content of exhibitions, allowing
visitors with disabilities to fully enjoy them.
The app is based on Beepcons, a smart
beacon system developed by ILUNION
Tecnología y Accesibilidad, which connects
to the user’s smartphone through Bluetooth.
Beepcons allows users to obtain informationin an accessible format and to locate objects
in their surroundings. In addition, users canuse the app to carry out self-guided tours or
participate in games organized by a museum
or art center. This tool includes a contentmanaging website that allows museum or art
center personnel to add, customize and update
the content available for their attraction.
The software in the app is protected bycopyright and may be licensed on to others.
Source: https://www.unwto.org/global/pressrelease/2018-12-21/finalists-15th-unwto-awards-announced
which refers to UNWTO Press Release PR No.: PR
18099 "Finalists of the 15th UNWTO Awards Announced".
The date of verification of the link is 15-12-2020.

In addition to technological innovations, tourism
businesses may also invest in creativity or quality.
These investments in improving goods and services
can also be protected through the IP system.
Investments in research and development (R&D),
product differentiation and marketing – which cangrow the market and therefore increase revenues– can be protected by the IP system and thus givebusinesses exclusivity over the commercializationof their innovative, new or original products,
their creative designs and their brands. This
exclusivity creates an appropriate incentive forinvesting in improving tourism competitiveness.27

65

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Effective IP asset management helps to increase
efficiency in the generation of innovativetechnologies, digital transformation, creativity
and branding in the tourism sector.
There are several mechanisms that can beused to unlock the value of IP, the mostcommon of which are as follows.
– Licensing can mean the start of a new
business, expansion of an existing business orstrengthening of a business’s market position.
In a licensing contract, an IP rights owner (thelicensor) grants another subject (the licensee)
a license to use and exploit their IP right undercertain conditions and in exchange for an agreed
payment in the form of fees and/or royalties.
– In a franchising contract, one subject, who
has created and/or developed a particular
way of doing business (the franchisor), gives
another subject (the franchisee) the right to use
the franchisor’s way of doing business undercertain conditions and in exchange for anagreed payment. The right to do business in a
specific way that is granted through a franchisingagreement is based upon specific know-how(e.g., trade secrets) and IP rights (such as the useof trademarks licensed by the franchisor to thefranchisee). Thus the licensing of IP rights lies at
the heart of franchising.
– Merchandising: (or character merchandising)
contracts refer to a situation in which theessential personality features (such as the nameor visual appearance) of a fictional character,brand name or logo (e.g., of a football club) orreal person (or associated brand) are adapted
or exploited in relation to various goods and/or services. Merchandising helps to attract
customers to buy those goods and/or use thoseservices based on the customers’ affinity withthe specific character that is the object of themerchandising contract.
Along with these strategies, IP can also
be used to obtain financing (i.e., throughventure capital and crowdfunding).
As explained earlier, not only do IP rights grant
their owner the legal right to take action against
unauthorized third-party use or reproduction of
the protected intangible asset in their markets
of protection, but also they can be sociallyand commercially exploited. Likewise, IP tools(patents, copyrights, trade secrets, trademarks,etc.) can be the basis of commercial agreements(i.e., cooperations, associations, etc.) with other66

companies and stakeholders, mainly in themarket and business sector. In this way, IP tools
can be subject to monetization and financialtransactions: they can be sold, used to obtainfinancing, used as security (for loans), and so on.
Applied to the tourism sector, this isparticularly true in three cases, as follows.
– Destination brands or brands in the tourism
value chain (such as in the accommodationand hospitality sector, among others) that havestrong reputational value and recognition among
consumers/clients may be commercialized
through diverse contractual mechanisms.
– Artistic and cultural assets represent richand diverse traditions and modern creativity in
expressions such as dance, music, literature,
drama, films, photography, visual arts, crafts
and more.
– Innovative intangible assets may be newtechnology applied to the tourism industry
for example, which has such an innovative
component that it allows its creator or owner toobtain IP protection.
In these three cases, an appropriate IP strategy
allows the owner to generate investments, obtainfinancing and income, access new technologies
and markets, and obtain funding for R&D andrelated activities. This can be achieved by using
contractual mechanisms and agreements such as
franchising, joint ventures, licensing and so on.
Because IP rights are economically realizable,
they can be used as security to obtain financing,
generate investment, and underpin accessto bank loans and other financial institutions’services and products. Legally speaking, IP
rights are a transferable asset and, as such,they can be subject to a legal contract justlike any other transferable asset (for example,
they can be sold and traded, licensed, etc.).
This is why it is so important for tourism
stakeholders to understand the huge commercial
value of their brands and innovations, andto adequately assess their value as equity
assets in their balance sheet. Some of theadvantages of doing so include the following.
– Value appreciation potential: While most
tangible assets depreciate, the value of IP
assets usually appreciates (during the term ofprotection), if correctly managed.

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS– Wider range of assets: When providing
financing, financial institutions need to insure
the value of their loans; having strong IP assets
represents additional security when granting
access to financing.
– Additional incentive to repay loans andgreater security: When IP rights are at the coreof the business and offered as security, theirowner will be more committed to repaying loans.

nonmonetary returns for funders. In the caseof the Hard Rock Hotel, each contributor to
the project received shares or equity in the
project and benefited from various VIP deals
at the hotel, showing the great potential of
combining hospitality with crowdfunding.
Source: Clifford, C. (2014). This Hard Rock Hotel justraised $1.5 million through crowdfunding. Entrepreneur,
July 22. www.entrepreneur.com/article/235842

From this perspective, tourism industries anddestinations involved in capital-intensive activities
or in need of large capital flow to run theirbusinesses should create strong IP assets andunlock their economic potential by developing
and implementing appropriate IP strategies.
This type of strategy is also applicable to other typesof financing mechanism, such as crowdfunding,venture capital or private equity. Although thispublication will not delve into this, it is noteworthy
that IP assets can be used to secure access tothese financial mechanisms. This is particularly
relevant for tourism startups and entrepreneurs,
which require financing to launch and scale up theirinnovation projects, and which commonly find it
difficult to obtain the investment needed – especiallyduring the early phases, when risk is highest, anduncertainty around the project’s success andfinancial viability often prevent innovative ideas orcreations from becoming a reality in the market.
Example of crowdfunding in the hotelindustry: Hard Rock Hotels, United States
Hard Rock International was founded in
London in 1971 by Isaac Tigrett and Peter
Morton. It provides all-inclusive experiencesand exclusive amenities within all of its hotels
and casinos across more than 70 countries,
continuing its world-famous tradition ofcovering the walls of its establishments withrock and roll memorabilia since 1979.
While crowdfunding is usually seen as avehicle for funding a new project or venture,it has expanded to the hospitality sector,
as evidenced by the Hard Rock Hotel in
Palm Springs, California, in 2015. A totalof 85 accredited investors from acrossthe United States became part ownersof the hotel, after raising USD 1.5 million
by purchasing crowdfunding shares.
Equity crowdfunding differs from donationbased crowdfunding, which typically resultsin lower levels of funding and smaller and/or
67

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 13. Andalucía Lab, Spain:a successful public-private partnershipmodel in tourism innovation
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements
Transportation

What
Trademarks, patents andtrade secrets as crucial
tools for innovation hubs
and boosting SMEs
Why
Innovative solutions anddigital transformation demandadequate IP protection toensure their feasibility

Background
The Regional Government ofTourism and Trade of Andalucía,
Spain, created Andalucía Lab28 –a center for innovation in tourism– under the public company
Turismo Andaluz. This uniqueproject helps small businesses
in the tourism sector to leveragetechnology solutions. The aim of
this top-to-bottom transformation
is to enhance the destination’scompetitiveness in a sustainable
way over time. It also encourages
entrepreneurship as a generatorof job and business opportunities.

68

IP added value
Andalucía Lab provides innovativeand practical solutions to SMEs
in the tourism and retail sectors,
working hand in hand withprivate and public agents. It
offers services and tools suchas research and knowledgetransfer through training andconsulting, social networks,
and advice on building brandreputation, including association
with the Lab as a mark ofquality, competitiveness anddifferentiation. These activities
are likely to create materials
that can be protected by IP
rights – for example copyright,
trademarks and trade secrets.
Tourism innovation hubs, labs andaccelerators need to be awareof these rights for two reasons:to address them in the right way
within their own activities andinitiatives; and to show SMEs,
entrepreneurs and startups
how a sound IP strategy canbenefit business development.

Accommodation
Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: FreshSplash / E+ / Getty Images

Who
Regional Government ofTourism and Trade of Andalucía,
Spain, and the private sector

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS

Case Study 14. Refundit: revolutionizing
tax-free shopping for tourists
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Making the EU VAT-refund
process simple for tourists
Why
Harnessing innovation to meetglobal tourism challenges

Background
Refundit, an Israeli startup foundedin 2017, offers an end-to-end fully
digital service that facilitates VAT
refund (tax-free shopping) for
tourists in Europe – a scheme that
handles some EUR 26 billion every
year, 90 percent of which is neverreturned. The refund process iscarried out through the app itself
and via VATWISE, a digital backend
system for governments, also
developed by the startup. Refundit’s
new and fully digital process saves
tourists time and money on their
shopping through a user-friendly
app, helping them to skip long lines
and paperwork. It also offers hugebenefits to retailers, authorities
and governments alike: small
and medium-sized retailers areable to attract tourists by offering
refunds, while tax authorities
benefit from the new digitizedprocess and the efficiencies itbrings. Refundit was declared
the winner in the final phase of
the inaugural Global Tourism
Startup Competition, organizedby the UNWTO and Globalia,
and launched in June 2018.

IP added value

Transportation
Accommodation

Refundit has developed its
IP strategy based on a deep
understanding that IP is an
important asset for the company
and that it creates a valuablebarrier to entry for futurecompetitors. The company's
mission is to bring a disruptive,
fully digital approach to thetourism world – and when
“innovation” is at play, so is IP.
The company has worked in close
consultation with IP attorneys
to explore where IP can becreated along its journey. Oneof the measures the startup has
adopted has been to consult
with a top-tier IP firm regarding
its IP assets. Refundit has also
invested considerable amounts
to protect its trademark rights,
knowing that securing brandexclusivity for the app would
help to provide clarity for the
public and build trust. In termsof patents, Refundit is exploring
submitting several patentapplications around process,artificial intelligence and Big Data.
Its strong IP portfolio is attractive
to new investors, assuring
future funding for the startup.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: Alexey_Fedoren / iStock / Getty Images Plus

Who
Refundit, an Israeli startup

69

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Endnotes
1

World Tourism Organization (2017).
Affiliate Members Global Report,
Vol. 16: Second Global Report on
Gastronomy Tourism. Madrid: UNWTO.
doi.org/10.18111/9789284418701.

2

In the majority of countries, andaccording to the Berne Convention,
copyright protection is obtained
automatically without the need forregistration or other formalities.
For further information related tocopyrights, please see: World Intellectual
Property Organization (n.d.). Copyright.
www.wipo.int/copyright/en/.

3

4

World Tourism Organization (2012).
Tourism and Intangible Cultural
Heritage. Madrid: UNWTO. doi.
org/10.18111/9789284414796.
TripAdvisor is a UNWTO Affiliate Member;see World Tourism Organization (n.d.).
TRIPADVISOR LLC. www.unwto.org/
affiliate-member-organization/240509;
TripAdvisor (n.d.). About TripAdvisor.
tripadvisor.mediaroom.com/us-about-us.

5World Intellectual Property Organization(2011). Taking on the world with a cupof tea. www.wipo.int/ipadvantage/
en/details.jsp?id=2766.

6

Fair Trade Tourism (n.d.). Certification.
www.fairtrade.travel/certification/.

7

ASSERT stands for the Association of
Small Scale Enterprises in Tourism.
See: Gambia Information Site
(n.d.). Association of Small Scale
Enterprises in Tourism (ASSERT
Gambia). www.accessgambia.
com/information/asset.html.

870“Informal sector” means all thoseindividuals and microenterprises thatengage with tourists and the tourism
industry, but are not members of theGambia Hotel Association or the Ground
Handlers and Equipment Hirers Association.
See: Gambia Information Site (n.d.).
Association of Small Scale Enterprisesin Tourism (ASSERT Gambia). www.
accessgambia.com/information/asset.html.

9World Trade Organization, World
Tourism Organization and Organisation
for Economic Co-operation andDevelopment (2013). Aid for Trade andValue Chains in Tourism. www.wto.org/
english/tratop_e/devel_e/a4t_e/global_
review13prog_e/tourism_28june.pdf.

10 World Tourism Organization (2019).
Walking Tourism: Promoting Regional
Development. Madrid: UNWTO. doi.
org/10.18111/9789284420346.
11 Lebanon Mountain Trail Association(n.d.). Home page. www.lebanontrail.org/
home;
World Tourism Organization (2019).
Walking Tourism: Promoting Regional
Development. Madrid: UNWTO. doi.
org/10.18111/9789284420346.

12 World Tourism Organization (2017).
Contribution of Islamic Culture and
Its Impact on the Asian Tourism
Market. Madrid: UNWTO. doi.
org/10.18111/9789284418053.
13 World Tourism Organization andEuropean Travel Commission (2011).
Handbook on Tourism ProductDevelopment. Madrid: UNWTO. doi.
org/10.18111/9789284413959.
14 See www.goodcountry.org/simon-anholt/
and www.ipsos.com/en-ca/news-polls/
Germany-Retains-Top-Nation-BrandRanking-the-United-Kingdom-emergesahead-of-Canada-to-Round-Out-theTop-Three-US-and-China-ExperienceSignificant-Decline;
See also: Anholt, S. (2007). Competitive
Identity: The New Brand Management
for Nations, Cities and Regions. London:
Palgrave Macmillan; Anholt, S. (2010).
Places: Identity, Image and Reputation.
London: Palgrave Macmillan.

15 World Tourism Organization andEuropean Travel Commission (2009).
Handbook on Tourism Destination
Branding. Madrid: UNWTO. doi.
org/10.18111/9789284413119.
16 See Annex 1, Current NTO Branding
Practice (NTO Branding Survey),in World Tourism Organization andEuropean Travel Commission (2009).
Handbook on Tourism Destination
Branding. Madrid: UNWTO. https://doi.org/10.18111/9789284413119
17 World Tourism Organization andEuropean Travel Commission (2011).
Handbook on Tourism ProductDevelopment. Madrid: UNWTO. doi.
org/10.18111/9789284413959.
18 For more on the Community Tourism
Toolkit in Jamaica, see: World
Tourism Organization (2018). Tourism
and the Sustainable Development
Goals: Good Practices in theAmericas. Madrid: UNWTO. doi.
org/10.18111/9789284419685.
19 World Tourism Organization (2019).
UNWTO Guidelines for Institutional
Strengthening of Destination Management
Organizations (DMOs): Preparing DMOs
for New Challenges. Madrid: UNWTO. doi.
org/10.18111/9789284420841;
See also: Sociedad Estatal parala Gestión de la Innovación y las
Tecnologías Turísticas (SEGITTUR) (n.d.).
Home page. www.segittur.es/en/inicio/
index.html;
Spanish Association for Standardisation(UNE) (n.d.). Committee: CTN 178/
SC 5, – touristic smart destinations.
www.en.une.org/encuentra-tu-norma/
comites-tecnicos-de-normalizacion/
comite/?c=CTN%20178/SC%205.

20 World Tourism Organization (UNWTO);
Centre of Expertise Leisure, Tourism& Hospitality; NHTV Breda Universityof Applied Sciences; and NHL Stenden
University of Applied Sciences (2018).
“Overtourism”? Understanding andManaging Urban Tourism Growth
beyond Perceptions. Madrid: UNWTO.
doi.org/10.18111/9789284419999.
21 World Tourism Organization and World
Tourism Cities Federation (2018).
UNWTO/WTCF City Tourism Performance
Research. Madrid: UNWTO. doi.
org/10.18111/9789284419616;
More information on the “Big Data project”
is available at: Ciudad de Buenos Aires

3. BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY RIGHTS(n.d.). Observatorio Turístico. https://turismo.buenosaires.gob.ar/es/observatorio.

22 World Intellectual Property Organization(2004). WIPO Intellectual Property
Handbook. Geneva: WIPO. www.wipo.int/
edocs/pubdocs/en/wipo_pub_489.pdf.
23 World Intellectual Property Organization(n.d.). The impact of innovation: WIPO
and the Sustainable Development Goals.
www.wipo.int/sdgs/en/story.html.
24 World Tourism Organization (2019).
Report of the Secretary-General:
Programme of Work – Based on theManagement Vision. 23rd General
Assembly of the World Tourism
Organization, St. Petersburg, RussianFederation, September 9–13. https://webunwto.s3.eu-west-1.amazonaws.
com/s3fs-public/2019-10/report_
of_the_secretary-general.pdf.
25 World Tourism Organization (n.d.).
Home page. www.unwto.org/.
26 World Tourism Organization(2016). Highlights of the 1st
UNWTO Conference on Accessible
Tourism in Europe (San Marino, 19–
20 November 2014). Madrid: UNWTO.
doi.org/10.18111/9789284417902.
27 World Tourism Organization (2017).
Innovation in Tourism: Bridging Theory
and Practice. Madrid: UNWTO. doi.
org/10.18111/9789284418503.

28 For more, see: World Tourism
Organization (2017). New Platform
Tourism Services (or the so-called
Sharing Economy): Understand, Rethink
and Adapt. Madrid: UNWTO. doi.
org/10.18111/9789284419081.

71

Photo: fotojog / iStock / Getty Images Plus

4. Intellectual property
rights in events andtourism routes

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Tourism trails, routes, and culturaland sporting events present somecomplexity in terms of intellectual
property (IP) rights, and they therefore
deserve a closer look and analysis.

This chapter will shed light on these important tourism products and thenumerous intellectual property (IP) rights that can emerge. Relevant casestudies will also illustrate how challenges related to IP protection havebeen addressed. However, there is no one-size-fits-all model or solution,so each stakeholder will need to adapt their IP strategy to meet to theirunique needs. This diversity is illustrated with further case studies.1

Tourism, cultural events and IP:
a long-standing partnership
Events and festivals are major tourism assets, because they attract visitors
to the host destination. Events generate an immediate economic benefit not
only for the organizers, but also for local communities and businesses.
Tourism destinations can develop new tourism products within their event
marketing strategy, whether through film, theater, music festivals or celebrationsof historic anniversaries. Many countries and destinations see heritage andculture – including indigenous music and recordings of local artists andperformers – as an asset in fully developing their tourism sector. The effective
management of creative industries is vital to the success of the destination’s
branding strategy and the IP system is at the center of this strategy.
Museums and other cultural heritage institutions are major catalysts fortourism. Culture and heritage allow the tourism sector to create distinctive
destinations and enrich the visitor experience. IP, and particularly copyright,
laws are an important mechanism for promoting, enriching and disseminating
cultural heritage. There are many opportunities for museums to leverage
their assets and goodwill in ways that support and advance their mission.
In turn, tourism generates substantial economic returns, which justify
any investment made in safeguarding cultural heritage and which can bechanneled back into conservation projects and boosting local employment.
However, in the process of standardizing and modifying cultural assets foruse in cultural tourism, there is a risk of losing authenticity. This is where
museums play a vital role in contextualizing and assuring the integrity ofcultural heritage. Again, this presents significant commercial opportunities for74

4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTES

museums to offer value-added cultural services
and experiences for visitors, supported by theappropriate use of copyright and branding.
Cultural tourism is defined as “a type of
tourism activity in which the visitor’s essential
motivation is to learn, discover, experience andconsume the tangible and intangible cultural
attractions/products in a tourism destination.
These attractions/products relate to a setof distinctive material, intellectual, spiritualand emotional features of a society thatencompasses arts and architecture,
historical and cultural heritage, culinary
heritage, literature, music, creative industries
and the living cultures with their lifestyles,
value systems, beliefs and traditions.”
Source: World Tourism Organization (2019). UNWTO Tourism
Definitions. Madrid: UNWTO. doi.org/10.18111/9789284420858– exploiting and developing IP rights strategies(licensing, etc.); and– taking action against possible infringements ofprotected IP rights.
Music is increasingly becoming a primary driver
for tourism in many destinations. This is a relatively
recent phenomenon with great potential to add
unique value to destinations. Some are alreadyreaping the rewards of music tourism, such as
Colombia, which has developed a pioneeringinternational tourism campaign focusing on
music as an expression of the country’s culturalrichness and diversity. In total, 13 music videos
were produced, featuring more than 20 renowned
Colombian artists. Music has become thekey focus of the country’s tourism promotion
strategy, and ProColombia, its tourism board,
partners with tour operators and travel agencies
to offer music tours around the country.4

Translating the intangible wealth emerging from thecreative industries into economic growth requires
the IP protection of music, arts, dance, theatrical
productions and all other creative expressions.
This stops illegitimate actors from infringing on thecreator or owner’s assets, and it prevents piracy andcounterfeit goods and services. Effective protection
requires a strategic approach from the public
sector,2 as well as from skilled private-sector IP
managers and entrepreneurs, in order to maximize
IP value – in particular, brand equity (i.e., the valueof the brand). Destinations can achieve economies
of scale by applying the IP system to their creative
industries. Booming tourism in a country or
destination reflects a strong marketing return on
investment (ROI) associated with the creation anddevelopment of a reputable, well-known destination
brand.3 In order to make this a reality, governments,
destination management organizations (DMOs) andentrepreneurs alike need to be trained in IP rights
and strategies, which include, but are not limited to:– identifying IP assets;– protecting, including registering, IP rights;– monitoring the use of IP rights and assessing
their impact;

75

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Figure 4.1 Links between tourism and IP in cultural and sports events

Events
Produced IP

Existent IP
Rights to consider– Copyright materials produced
at the event, i.e., soundrecordings, audiovisuals,
songs, photographs, etc.
– Licensing of event’s
copyright materials– Commissioned work
agreements with official
photographers, film crews, etc.
– Media accreditation toattend and cover the event– Guidelines, warnings andnotices to inform visitorsof copyright conditions– Staff and volunteers are
informed of IP rights

Third parties

IP rights– Copyright works used in theevent: songs, plays, photographs,
films, artworks, etc.
– Objects of related rights:
recorded performances, soundrecordings, broadcasts, etc.
– Trademarks of sponsors or others– Conditions for attendance andwarning that visitors may befilmed, recorded or photographed,as part of the audience– Trademarks– Domain names– Copyright of event
materials, e.g.,posters, brochures,website content, etc.

IP strategies– Licensing agreement
for the conditions ofuse of the trademark
and copyright– Merchandising,establishing official
points of sale, both
onsite and offsite

Traditional knowledge and traditional cultural expressionagreements for commercial uses by others to ensure proper use
and establish terms and conditions, including benefit sharing

In other countries, many travel agents offer tours of theworld’s music scenes, such as Liberty Travel’s “Music
Cities: Nashville and Memphis Escorted Tour” and the
STA Travel Beats series, which provides group travel
packages that revolve around festivals and music.5“The Festival of Pacific Arts mark is atrademark of the Committee of the Festivalof the Pacific Arts. The name and logo areused under license by the Solomon Islands
Government, for hosting the 2012 Festival.

Example of a trademark notice:
Festival of Pacific Arts, FESTPACThe Festival of Pacific Arts (FOPA), now known
as the Festival of Pacific Arts and Culture(FESTPAC), seeks to promote cultural exchange
and strengthen bonds between the nationsof Oceania. FESTPAC is the world’s largest
celebration of indigenous Pacific Islanders withthe active participation of artists, performers,
cultural professionals, academics andauthorities from member nations of the PacificCommunity (SPC). FESTPAC was first held in
Suva, Fiji, in 1972 and is held every four years in
different member countries, with the 13th event,scheduled for 2020, being hosted in Hawaii.

The Solomon Islands Festival of PacificArts logo is the official logo and is owned
and managed by the Solomon Islands
Government’s Department of Culture.

At the 11th FOPA in the Solomon
Islands in July 2012, the following
trademark notice was released:76

No unauthorized use is permitted.”
Source: Pacific Community (n.d.). The Festival ofPacific Arts & Culture. https://festpachawaii.org/

4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTES

Case Study 15. Between the lake andthe mountains, music reigns unrivaledin Montreux, Switzerland
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Music, technology andtourism mutually reinforcing
each other’s potential
Why
The Montreux Jazz Festival brandcontinues to rise in value, thanks
to a successful mix of marketing,festival management andinnovative technology solutions

BackgroundContinuing a tradition thatbegan in 1967, at the height ofsummer each year, music lovers
from all over the world gather
in the beautiful lakeside town ofMontreux to watch their favorite
artists perform. For tourismrelated enterprises, it is peakseason. While the festival is a
hub for music fans and a major
event for Swiss tourism, theMontreux brand has also inspireda series of innovations in themusic industry, bringing festival
hits to more than half a billion
YouTube viewers since 2008.

IP added value

Transportation
Accommodation

The brand of the Montreux Jazz
Festival, itself protected by aregistered trademark, extends
to other leisure and hospitality
business ventures that tourists
are likely to encounter beyond
the Montreux Riviera’s dramatic
landscape. The Montreux Jazz
Café, for example, is a chainof cafés with a musical theme,
located in Geneva, Lausanne andParis. Montreux Jazz Shops selllicensed merchandise bearing
the well-known trademark to
festival attendees and online
customers all over the world.
Promotional materials featuring
the trademark are widely usedby sponsorship partners andauthorized local businesses
providing auxiliary services(i.e., hotels and restaurants).
The performing artists reap the
benefits of the Montreux Jazz
Festival brand, too. From ArethaFranklin and Ray Charles to David
Bowie and Prince, more than
15,000 hours of concerts havebeen recorded (in both audio andvideo format) since the festival’s
creation, and they continue togenerate royalties for the artists(or, in these instances, theirestates) through copyright andrelated right systems (e.g., musicroyalty collection societies).

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: Phil Rees / Alamy Stock PhotoWho
The Montreux Jazz Festival,
which attracts renowned
musicians and visitors fromall over the world every year77

Photo: Bogdan Lazar / iStock / Getty Images Plus

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

78

4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTESSports and mega events:
where tourism and IP meet

Several considerations need to be taken into
account to maximize this positive impact:8

Sport creates communities of players and fansalike, and it is a USD 300 billion-plus economic
engine that provides jobs around the world.6 Whenit comes to sports and mega events – such as
the Olympic and Paralympic Games, Expo or theFIFA World Cup – many success stories come tomind. The Barcelona and Sydney Olympic Games7
marked a turning point in the history of these twocities, and both left a lasting legacy that goesbeyond sports. Although these types of eventare undoubtedly a tourist attraction, they canprovide benefits that persist long after the crowds
have gone home. To capitalize on these events,
both policymakers and the private sector need tomainstream tourism in their agendas in order toleverage opportunities for tourism development.

– planning;– promotion (i.e., branding and image, productdevelopment, media coverage, social media andcollaboration with event sponsors, among others);– economic aspects (e.g., tourism infrastructuredevelopment, visitor reception/services,
spreading benefits beyond the host city,
technology innovation, human resource
development, partnerships and mainstreaming
tourism in the national agenda);– social aspects (e.g., accessible tourism for all,the environment, community engagement andmutual understanding); and– risk management (e.g., crisis communication,
safety, and security, among others).

Olympic legacy is the result of a vision.
It encompasses all the tangible andintangible long-term benefits initiated or
accelerated by the hosting of the Olympic
Games/sport events for people, cities/
territories and the Olympic Movement.
Source: International Olympic Committee (2017). Legacy
Strategic Approach: Moving Forward – Executive Summary.
Lausanne: IOC www.olympic.org/-/media/Document%20
Library/OlympicOrg/Documents/Olympic-Legacy/
IOC_Legacy_Strategy_Executive_Summary.pdf.

In many destinations, tourism has benefited
from sports and mega events. These largescale gatherings can have a hugely positive
impact on the host destination and serve asa showcase for tourism development.
Sports tourism is a type of tourism activity
which refers to the travel experience of the
tourist who either observes as a spectatoror actively participates in a sporting event
generally involving commercial and noncommercial activities of a competitive nature.
Source: World Tourism Organization (2019). UNWTO Tourism
Definitions. Madrid: UNWTO. doi.org/10.18111/9789284420858.

IP emerges as a crucial element, especially forplanning and promotion purposes. In terms ofpromotion, a mega event is a great opportunity
to enhance or change the international image ofa destination, or to put a new destination on themap. It fuels the development and diversificationof tourism products and attracts not only leisure
tourism, but also the meetings industry, which will
make use of new infrastructure for conferences,
exhibitions and other corporate events. Branding
and promotion need to continue after the
event is over to fully leverage its benefits.
However, sports and mega events do not
automatically benefit tourism development; midto long-term planning and IP strategies are alsoneeded. Recent trends in sports and mega events,
and in tourism development, show that these typesof event are widely considered to be among themost effective ways of enhancing a destination’s
image and improving tourism infrastructure.9
Sports and mega events can enrich the social andcultural fabric of communities, making destinations
more attractive for both investors and tourists.
Many countries now recognize the huge
potential of IP and sports to drive social andeconomic development and tourism, and are
integrating IP and sports-related objectives into
their national development strategies. These
countries seek to shape development and wealthcreation opportunities by fostering a thriving andsustainable sports sector, and by becoming an
attractive location for major sports events.
IP lies at the heart of the huge commercial
opportunities offered by the world of sport. IP
79

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

rights – and the legal protection they give – help
to secure the economic value of sport. This inturn stimulates the growth of the sports industry,enables sports organizations to finance high-profile
events and provides the means of promoting
sports development. These organizations put
in place a strict IP licensing policy throughbusiness transactions related to sponsorship,merchandising, broadcasting and media deals,
all built on IP rights. The sports industry is having
a growing impact on the world economy, playing
a key role in jobs creation, public infrastructuredevelopment and resource mobilization.
Trademarks, brands and designs contributeto the distinct identity of events, teams andtheir kit. Copyright-related rights generate therevenues needed to broadcast sports events
to fans all over the world. IP rights are the basisof licensing and merchandising agreementsthat generate the income needed to support
the development of the sports industry.
Some of the specific opportunities for IP
protection in sports tourism are described next.

Branding
Commanding customer loyalty and premium
prices, strong brands are valuable assets that drive
company revenue and growth in any industry.
Brand owners seek to control their trademarks,
such as logos, team names or mascots,
which act as cognitive touchpoints for theircustomers. In sports, as in all areas of business,trademark-protected material represents special
qualities that attract fans, in turn generating
the income sports organizations need toinvest in new talent or better infrastructure.

Broadcasting
Copyright and related rights, particularly
those relating to broadcasting organizations,
underpin the relationship between sports
and television or other media.
For most sports organizations, the sale ofbroadcasting and media rights is now the biggest
source of revenue. This generates the funds needed
to finance major sporting events, refurbish stadiums
and develop sport at the grass-roots level. The
royalties that broadcasters earn from selling their
exclusive footage to other media outlets enables
them to invest in the costly organizational and80

technical infrastructure involved in broadcasting
sports events to millions of fans all over the world.
Copyright and related rights provide protection
against unauthorized retransmission of thesebroadcasts. They also underpin sport’s relationshipwith television and media organizations,which pay huge sums of money for the
exclusive rights to broadcast events live.

Licenses and sponsorship
By acquiring IP rights and then using themstrategically, sports organizations and otherright owners can protect and increase theirincome-generating potential. Licensing andmerchandising provide rights holders withenormous marketing and earning potential.
In terms of sponsorship, companies often partnerwith sports organizations or closely associatethemselves with a sporting event to promote theirbrand, build their reputation and develop deeper
customer relationships. This offers companies
significant brand exposure, as millions of fans andviewers tune into sporting events across the globe.
Example of IP use in sporting events:
the Olympic Games and the FIFA World Cup
Flagship sporting events (such as the Olympic
Games or the FIFA World Cup), which
capture the imagination, stir the emotions
and inflame the passions of fans across theglobe, are extremely effective international
corporate marketing platforms throughwhich a company can create awareness,enhance its image and foster goodwill.
The IP system, and trademarks in particular,
play a pivotal role in safeguarding theunique character of the Olympic Games andtheir identifications, including the Olympic
symbol, emblems, flag, torch and anthem.
Source: World Intellectual Property Organization(n.d.). Licenses and sponsorships in sport. www.
wipo.int/ip-sport/en/licenses.html; World Intellectual
Property Organization (n.d.). The Olympic
Games. www.wipo.int/ip-sport/en/olympic.html

Successful IP rights strategies and the monetizationof IP assets promote the growth of mega eventsand sports tourism, contributing to the creation anddevelopment of tourism destinations. In order toleverage the benefits associated with hosting major
sporting events, it is vital to address the challenges
in creating an enabling regulatory environment. It
is also essential to ensure effective action against4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTES

IP violations that erode sponsors’ confidence.
Government and public bodies, sports federations,
event organizers, donors, sponsors and televisionand media companies are relevant stakeholders
in the organization of sports and mega events.
All of these stakeholders need to be aware of theneed to design and implement sound IP strategies,
which will help to maximize the benefits of these
events for tourism development. Not everyone
can use the IP assets owned by these events;
they are licensed to authorized partners only.

and IP experts also need to be involved in theentire process, from pre-event strategizing
to post-event brand awareness building.

One of the greatest benefits of mega events is thatthey shine a spotlight on the host destination. It is
crucial to take advantage of this attention to promote
the destination and enhance or change its image.
A mega event itself needs to be planned inline with the host city’s or country’s overall
development strategy, as established by the event
organizer and the government. Tourism should
be included in this plan. However, the tourism
sector needs to formulate its own strategy andaction plan, specifically in terms of capitalizingon the event for tourism development.10
This is where national tourism authorities (NTAs)
national tourism organizations (NTOs) andDMOs play a key role, as they are generallypart of the overall strategy and planning
process for the mega or sport event.
A mega event draws a significant level of global
attention to the host city or country. It also attracts
substantial media coverage focusing not only on
the event itself, but also on the host destination.
Enhanced branding or a successful change ofthe destination’s image can result in an increasein the number of visitors and their spending,and a favorable shift in visitor demand, timing
or segments. It may also open up new markets– for example, through the meetings industry.
A host destination first needs to establish whatkind of image it wishes to project. It must theneffectively show this image to potential and actual
visitors through the media and social networks,
as well as on site. In parallel, tourism products
reflecting the event and the destination’s newimage need to be developed and promoted.11
From branding to advertising, a wide range ofissues therefore need to be raised and addressedby the public sector. As mentioned, NTAs/NTOs
and DMOs are crucial partners in this sense. The
private sector (including the event organizers andtourism-related industries), the host community
81

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 16. The 2010 FIFA World Cup serves
as a springboard for South African tourism
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
Nation branding andmarketing campaign
Why
Using destination marketingas a mechanism to develop
tourism and attract investment

Background
One of South Africa's main
objectives in hosting the 2010
FIFA World Cup was to create
a positive global perception ofSouth Africa, to foster tourism
and future investments. To attract
the attention of football fans allover the world, the uplifting andenergetic Diski Dance becamea frequent feature in media
campaigns and related events.
Highly targeted marketing
campaigns in collaboration with
global partners drew massive
investments to the country,
including through tourism priorto, and during, the World Cup.
Then, when the final whistle
had been blown, a post-event
campaign continued to convey
a positive image of South Africa,
featuring the extraordinary
journeys and experiencesof those who had visited thecountry during the tournament.

82

IP added value

Transportation
Accommodation

Understanding the importanceof communicating a consistentimage, the South African
Government approved a newlogo for Brand South Africa
in 2009, before hosting thetournament and inviting the world
to its doorstep. The logo andbrand were then consistently
integrated into the World Cup
and South Africa marketing andadvertising campaigns. To secure
global coverage and attract
more tourists and investment,
arrangements with global
partners were made. For example,
the “My South Africa” campaign
saw CNN broadcast a selectionof vignettes featuring inspirational
South African icons. In addition,
the “My South Africa” website
was updated to include a special
section dedicated to the World
Cup. “The Journey” campaign
on BBC World was designed topromote South African culture,
wildlife, adventures and luxury
accommodation globally. While
South Africa may not have won
the 2010 World Cup, hosting theevent enabled the country toestablish a positive, recognizable
tourism destination brand andto reap social and economic
benefits for years to come.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: ALEXANDER JOE / Staff / AFP / Getty Images

WhoSouth Africa’s national brandcustodian and South African
Tourism, South Africa

4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTES

Case Study 17. China’s integration of IP
and sports-related objectives into national
development and tourism strategies
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
National development strategies
include IP considerations topromote sports tourism andfoster sustainable development
Why
Policymakers must consider
integrating IP and sportsrelated objectives into national
development strategies toencourage tourism growth andsocioeconomic development

Background
China has experienced a sports
tourism boom, due to rising
health-consciousness and ashift in consumption patterns.
In December 2016, the National
Tourism Administration andGeneral Administration of Sport
jointly issued a document
outlining the national strategy for
sports tourism. Their goal wasto develop 100 sports-themed
destinations and 100 quality
sports events by 2020. Beijing
aims to generate up to 1 billion
domestic and foreign tourist visits
annually for sports tourism. China
also published the Belt and Road
Sports Tourism Development
Action Plan 2017–2020 inJuly 2017, aimed at accelerating
the collaborative development ofTransportation
Accommodation
Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)IP added value
IP can support sports-related
objectives included in national
development strategies in avariety of ways. These include:– improving the hostdestination’s international
image and popularity;– enhancing tourism, public
and technical infrastructure
in order to accommodate
increasing numbers ofdomestic and international
tourists for sports tourism, andthe corresponding increase inmedia attention;– diversifying tourism products;– enriching the socialand cultural fabric ofcommunities; and– securing the economic valueof sports through commercial
opportunities based on
the legal protection of IP
rights, e.g., sponsorships,
merchandising, broadcasting
and media rights, designs
and trademarks.

Photo: bingdian / iStock Unreleased / Getty Images

Who
The National Tourism
Administration and General
Administration of Sport, China

sports and tourism in China andother countries along the Beltand Road Initiative (BRI). The planalso involves creating tourism
brands by developing premium
sports tourism events, products
and destinations. The 2022
Winter Olympics and Paralympic
Games in Beijing are expected
to further develop sports tourism
as a tourism and health strategy.

83

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Figure 4.2 Linkages between tourism and intellectual property in thematic routes

Thematic routes

Create and register
the trademark to
identify the route

Select the IP right thatbest suits the route’s
management structure

Identify the IP
strategy to profit fromthe chosen IP right

Deliver guidelines
to the involved
stakeholders of theterms and conditionsof the mark’s use

Thematic routes’ main features– Managed by public–private or
private or public associations– Shared theme based on diverse factors,i.e., geographical locations, values, etc.
– Cooperative approach, including different elementsof the tourism value chain or destination products

Connecting tourism routes andtrails with IP
Developing a circuit or trail as a tourist attraction
goes beyond mapping out a route based on various
tourism features; to attract visitors, there has to be acentral theme. The route should also feature specificattractions and activities, with a range of facilities
at key points. The links between tourism and IP
in thematic routes are presented in Figure 4.2.
One example is the UNWTO’s Silk Road
Programme,12 designed to enhance the developmentof sustainable tourism along the historic Silk
Road routes. The Silk Road – a 6,500 km-longinterconnected network of trade routes across the
Asian continent – connects eastern, southern andwestern Asia with the Mediterranean, northern
Africa and Europe. UNWTO is working with member
states’ national governments to improve the productoffering along the routes and market this initiative.13
The Silk Road Programme aims to maximize thebenefits of tourism development for local Silk
Road communities, while stimulating investment
and promoting the conservation of the route’s
natural and cultural heritage. It also aims to
improve cooperation between Silk Road countries
and regions, in order to create a seamless andmemorable Silk Road travel experience.
84

Many other countries have national tourism
routes based on natural resources, cultural
heritage, religious or spiritual features, or otherelements. In some cases, trails are related toactivities such as cycling, horseback riding,
hiking, canoeing/kayaking or walking. Indeed,walking tourism is now one of the most popular
ways of experiencing a destination. It allows
tourists to better engage with local people, natureand culture, and it brings about environmental,social and economic benefits to residents andcommunities if properly developed and managed.14
As illustrated in Case Study 18 on Italy’s Via
Francigena route (certified by the Cultural Routesof the Council of Europe program), the creation
and registration of a trademark and institutional
logo for cultural and thematic routes forms part ofa destination’s tourism strategy. In this case, theEuropean Association of the Vie Francigene (EAVF)
protects and promotes the official route of the
Via Francigena and has registered the name andinstitutional logo as trademarks on a European
level. The purpose of the European trademark is
to organize information, reception and hospitality
along the route, to ensure that visitors can identify
officially authorized products, activities andservices. The trademark is used to immediately
identify the Via Francigena, and it also ensuresthat the social, ethical and environmental

4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTES

values that characterize the route are upheldby local businesses that use the mark.15

From an IP perspective, some importantconsiderations include:

The EAVF trademark is available to local entities
free of charge (subject to registration via an onlineform). Commercial use requires payment to the
EAVF and adherence to the relevant regulations ofuse. These are available on the EAVF’s website.16– creating and registering the trademark (brandname and/or logo) in order to identify the route;– selecting the appropriate ownership structure
for the IP rights, depending on the route’s
management structure;– identifying the best IP strategy to implement inorder to profit from the chosen IP right; and– preparing guidelines for stakeholders regarding
the terms and conditions for the use of the mark.

Cultural and thematic routes share somekey features, as follows.
– They are usually managed by private
associations, public associations or public–
private partnerships.
– They revolve around a common theme, such as
geographical locations, values or historic roots.
– Their development is based on a collaborative
approach, encompassing different elements ofthe tourism value chain or tourism products.

The final case study illustrates good practicein terms of IP protection and strategies
in thematic and tourism routes.

85

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Case Study 18. Via Francigena paves
the way in using the IP system
IP right
Trademark, collective andcertification marks
Geographical indication
and appellation of origin
Copyrights
Patent, utility models
and trade secrets
Industrial designs

Tourism value chain elements

What
How the tourism sector
and the IP system cometogether in thematic routes
Why
From protection to revenue
generation, the IP system
amplifies the benefits ofthematic routes

Background
Stretching from northern
Europe to Rome, the Via
Francigena is a historic pilgrim
age route that was once taken
by English Archbishop Sigeric
the Serious. In 2001, 34 local
Italian authorities situated along
the route formed the European
Association. The itineraries of the
Via Francigena now cover morethan 100 territories, including
139 European communities. The
route has entered the growing
market for pilgrimage walking,and shows that a well-branded,
clearly marked walking trail cantrigger social and economic
benefits in rural areas.17

86

IP added value

Transportation
Accommodation

The association’s tasks include
providing guidance on commercial
activities relating to the route.
For this purpose, the association
provides a clear and accessible listof procedures to follow for the use of
the route’s trademark. It authorizes
commercial and noncommercial
uses of the trademark in line withthe social, ethical and environmental
values that characterize the route.18
It also ensures that set service
standards – such as those foraccommodation or tour guides – aremet, by including the services thatmeet these standards in the route’s
promotional materials.19 Other IP
strategies are used to strengthen
the route’s contribution to local
economies, as well as its funding.
These include merchandise
available online and along the route,pilgrims’ passports and more than
30 branded events every year.
Via Francigena demonstrates thatthematic routes need more than
good storytelling and that theIP system is a valuable partnerin the management, quality
control, revenue generation
and brand positioning of multistakeholder tourism initiatives.

Food and beverages
Handicrafts
Tourism assets
Leisure, excursions and tours

SDG(s)

Photo: StefyMorelli / iStock / Getty Images PlusWho
The European Association of
the Via Francigena (EAVF), Italy

4. INTELLECTUAL PROPERTY RIGHTS IN EVENTS AND TOURISM ROUTES

Endnotes
1

2

3

4

5

6

7

World Tourism Organization andEuropean Travel Commission (2011).
Handbook on Tourism ProductDevelopment. Madrid: UNWTO. doi.
org/10.18111/9789284413959;
World Tourism Organization(2017). Maximizing the Benefitsof Mega Events for Tourism
Development. Madrid: UNWTO. doi.
org/10.18111/9789284418923.
Country branding and tourism destination
branding are strongly linked concepts.
For more information on this, seeWorld Tourism Organization andEuropean Travel Commission (2009).
Handbook on Tourism Destination
Branding. Madrid: UNWTO. doi.
org/10.18111/9789284413119.
Tourism Australia (2014). Productivity
Commission Research Paper:
Australia's International Tourism
Industry. Sydney: Tourism Australia.
www.pc.gov.au/research/completed/international-tourism/comments/
submissions/submission-counter/sub012-international-tourism.pdf.
Sound Diplomacy and ProColombia(2018). Music is the New
Gastronomy: White Paper on Musicand Tourism. Bogota: ProColombia.
www.sounddiplomacy.com/
music-tourism-white-paper.
Sound Diplomacy and ProColombia(2018). Music is the New
Gastronomy: White Paper on Musicand Tourism. Bogota: ProColombia.
www.sounddiplomacy.com/
music-tourism-white-paper.
World Intellectual Property Organization(n.d.). IP and sports: backgroundbrief. www.wipo.int/pressroom/en/briefs/ip_sports.html.
International Olympic Committee (2012).
Barcelona “totally transformed” byhosting 1992 Olympic Games. Press
release, July 17. www.olympic.org/
news/barcelona-totally-transformedby-hosting-1992-olympic-games.

8

World Tourism Organization(2017). Maximizing the Benefitsof Mega Events for Tourism
Development. Madrid: UNWTO. doi.
org/10.18111/9789284418923.

9World Tourism Organization(2017). Maximizing the Benefitsof Mega Events for Tourism
Development. Madrid: UNWTO. doi.
org/10.18111/9789284418923.

10 World Tourism Organization(2017). Maximizing the Benefitsof Mega Events for Tourism
Development. Madrid: UNWTO. doi.
org/10.18111/9789284418923.
11 World Tourism Organization(2017). Maximizing the Benefitsof Mega Events for Tourism
Development. Madrid: UNWTO. doi.
org/10.18111/9789284418923.
12 World Tourism Organization (2016). Silk
Road Action Plan 2016/2017. Madrid:
UNWTO. www.silkroad-adventures.
com/wp-content/uploads/2018/05/
sr2016web.pdf. Thirty-five member
states currently participate in the
UNWTO’s Silk Road initiative: Albania,
Armenia, Azerbaijan, Bangladesh,
Bulgaria, China, Croatia, Democratic
People’s Republic of Korea, Egypt,
Georgia, Greece, Indonesia, Iran (Islamic
Republic of), Iraq, Israel, Italy, Japan,
Kazakhstan, Kyrgyzstan, Malaysia,
Mongolia, Montenegro, Pakistan,
Republic of Korea, Romania, the RussianFederation, San Marino, Saudi Arabia,
Spain, Syrian Arab Republic, Tajikistan,
Turkey, Turkmenistan, Ukraine andUzbekistan (as of January 2019).
13 See also: World Tourism Organization(2019). The 21st Century Maritime
Silk Road: Tourism Opportunities
and Impacts. Madrid: UNWTO. doi.
org/10.18111/9789284418749.
14 World Tourism Organization (2019).
Walking Tourism: Promoting
Regional Development, Executive
Summary. Madrid: UNWTO. doi.

org/10.18111/9789284420520;
World Tourism Organization andEuropean Travel Commission(2017). Handbook on Marketing
Transnational Tourism Themes
and Routes. Madrid: UNWTO. doi.
org/10.18111/9789284419166.
15 Associazione Europea delle Vie
Francigene (2017). Now online the new
regulations for the use of the EAVF
institutional logo and trademark. Press
release, July 5. www.viefrancigene.
org/en/resource/news/online-il-nuovoregolamento-lutilizzo-del-logo-ist/.
16 Associazione Europea delle Vie
Francigene (n.d.). Logo and trademark.
www.viefrancigene.org/en/AEVF/usomarchio/;
Associazione Europea delle Vie
Francigene and Cultural Routeof the Council of Europe (n.d.).
Regulations for the use of the logo andpropriety branding of the European
Association of the Vie Francigene.
www.viefrancigenedelsud.it/static/
uploads/regulations_use_eavf_
logo_and_propriety_brand.pdf.
17 World Tourism Organization andEuropean Travel Commission(2017). Handbook on Marketing
Transnational Tourism Themes
and Routes. Madrid: UNWTO. doi.
org/10.18111/9789284419166.
18 Associazione Europea delle Vie
Francigene (n.d.). Logo and trademark.
www.viefrancigene.org/en/AEVF/usomarchio/.
19 European Committee for Interregional
Technical Coordination on the
Via Francigena (2019). Guidanceon European common path andaccommodation standards on the Via
Francigena – Cultural route of the Councilof Europe. www.viefrancigene.org/static/
attachments/resources_news/VIA%20
FRANCIGENA-guidance_EN_prot.pdf.

87Photo: ugurhan / E+ / Getty Images5. Conclusions andrecommendations

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTYThis last chapter will give a brief
overview of the main lessons learnedin the previous chapters. It will also
highlight the importance of considering
intellectual property (IP) rights toenhance the competitiveness of
tourism destinations and of all theelements in the tourism value chain.

The purpose of this chapter is to reach conclusions on the relationshipbetween intellectual property (IP) and tourism, and to provide relevant
recommendations to national tourism authorities (NTAs) and national tourism
organizations (NTOs), tourism policymakers and decision-makers, destination
management/marketing organizations (DMOs) and key tourism stakeholders.
The importance of tourism in the global economy, and its contribution toeconomic growth and social welfare, are now widely recognized. This sector
has proven its resilience in the last few decades and in past crises.1 It stands
out as a vehicle for fostering economic and social growth and as a force fordevelopment. Its cross-cutting nature and its many different forms (including
cultural tourism, business tourism, ecotourism, gastronomy tourism, rural
tourism, urban/city tourism, health tourism and mountain tourism) present an
opportunity for different destinations and industries, including accommodationand hospitality, transportation, leisure, gastronomy, tour operators and travel
agencies. The IP systems affords tourism a wide range of opportunities.
A balanced and efficient IP system can act as a catalyst for economic
development and for social and cultural well-being. The IP system is a criticalincentive for innovation, creativity and business competitiveness. This isparticularly true in the tourism sector. First, IP rights can boost tourism
development in different ways (e.g., through tourism destination branding
and promotion). Second, the full deployment of appropriate IP strategies
can leverage fundraising and investment opportunities. This is because
the legal protection of new creations and innovative solutions – which aresometimes expensive and require high-risk investments – encourages
the commitment of additional resources for further innovation.
90

5. CONCLUSIONS AND RECOMMENDATIONS

Main conclusions
General– IP rights play a key role in almost all businesses
and economic sectors, and they have theability to strengthen competitiveness in the
tourism sector.
– The IP system offers numerous different tools
and strategies that can be applied to thetourism sector.
– Both tourism and IP contribute to the realizationof the 2030 Agenda for Sustainable Development
and the Sustainable Development Goals (SDGs),
especially SDGs 8, 9, 12 and 14.
– Stakeholders in the tourism value chain needa better understanding of the links between
tourism and IP rights, in order to leverage
the full potential of the IP system within the
tourism sector.
– The IP system helps to create a favorable
ecosystem for innovation, entrepreneurship andespecially investment in tourism.
– When applied to tourism, properly managed IP
rights help to strengthen this economic sector,
which is vital for creating jobs and promotingsocial inclusion in developing countries.

Protecting your brand– Competitiveness is increasingly based on abrand’s ability to provide value-added products
at a competitive price. Effective IP asset
management enables tourism destinations andstakeholders to add value to the goods, services
and tourism products they offer. It is also avital tool for differentiating a destination fromits competitors.
– NTAs, NTOs and DMOs play a key rolein destination promotion and therefore indestination branding.

– What makes a destination different, and where
its competitive identity lies, is the basis fordeveloping a tourism brand strategy.
– It is not only brands that can be protected;
there are often other intangible assets involvedin the tourism industry. These are relevant for
tourism value chain providers and can be subject
to IP protection, whether through copyright,
designs, patents, trade secrets or other forms
of protection.

IP and tourism: beyond exclusivity– IP protection goes beyond the creation of exclusive
rights – that is, the owner’s exclusive right toprevent a third party from commercially exploiting
the benefits of that right. One of the key features ofIP rights is that they are an intangible asset. As withtangible property, they can be used and leveraged
to create more value, since most IP rights can becommercialized (i.e., sold, franchised, etc.).
– Innovation is crucial to tourism development,sustainability (social, environmental andeconomic) and competitiveness. The IP system
can protect and reward investments in researchand development (R&D), product differentiationand marketing, giving businesses exclusivity
over the exploitation of their innovative, new ororiginal products, their creative designs and theirbrands. This exclusivity incentivizes investment ininitiatives to improve tourism competitiveness.
– Effective IP asset management helps the tourism
sector to increase efficiency in technologicalinnovation, digital transformation, creativity andbranding. Several mechanisms can be used to
unlock the value of IP, the most common of which
are licensing, franchising and merchandising.
– An appropriate IP strategy allows the ownerto generate investment, obtain financing andincome to access new technologies and markets,and to invest in more R&D activities. This can beachieved by using contractual mechanisms andagreements such as franchising, joint ventures,
licensing and so on.
91

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY– IP tools can be subject to monetization andfinancial transactions. Because IP rights are
economically realizable, they can be sold or
used as security to obtain financing, generate
investment, and secure access to bank loans andother financial institutions’ services and products.

IP and mega events, sports
tourism and cultural/thematicroutes: special considerations– Large-scale events – including mega events,
sports events, cultural events and festivals – aremajor tourism assets and products that attract
tourists and visitors to the host destination.
Events generate an immediate economic benefit
not only for the organizers, but also for local
communities and businesses. Destinations candevelop new tourism products within their event
marketing strategy.
– When it comes to cultural events and festivals,
translating the intangible wealth emerging fromthe creative industries into economic growthrequires IP protection of music, arts, dance,theatrical productions and all other creative
expressions. This helps right owners to stop
illegitimate actors from infringing on the brand’s
assets, and it prevents piracy and counterfeit
goods and services. Effective protection requiresa strategic approach from the public sector
and from skilled private-sector IP managers
and entrepreneurs, in order to maximize IP
value, including brand equity (i.e., the value ofthe brand).
– Museums and cultural heritage centers havebecome a magnet for visitors worldwide. In fact,
exhibitions and buildings are the main reason
why tourists visit certain cities. Copyright law
provides an important legal mechanism toencourage the promotion of cultural heritage and,
together with branding strategies, is a strategic
tool for attracting visitors to cultural institutions.
There are significant opportunities for museums
to leverage their assets in ways that support their
mission and bring in visitors.
– Tourism has largely benefited from sports andmega events, which can have a hugely positive
impact on the host destination and serve as ashowcase for tourism development. However,sports and mega events do not automaticallybenefit tourism development; mid- to longterm planning and sound IP strategies arealso needed.
92– IP rights (especially copyright, trademarks andbroadcasting rights) – and the legal protection
they give – help to secure the economic valueof sport.
– Branding, as protected by trademarks anddesign rights, contributes to the distinct identityof events, teams and their kit. Copyrightrelated rights generate the revenues needed
to broadcast sports events to fans all over theworld. In this sense, IP rights are the basis oflicensing and merchandising agreements thatgenerate the income needed to support thedevelopment of the sports industry.
– Many countries have national tourism routes(which sometimes pass through several
countries) based on natural resources, cultural
heritage, religious or spiritual features, or otherelements. In other cases, trails are related toactivities such as cycling, horseback riding,
hiking, canoeing/kayaking or walking. What they
all have in common is a central theme. Froman IP perspective, the creation and registrationof route names and institutional logos as
trademarks is part of the tourism strategy forcultural and thematic routes.

Recommendations
The following general recommendations
should be considered in order to leverage
the full potential of the IP system.
– A strategic approach needs to be adopted withrespect to the IP system in order to make themost of the tools and opportunities it presents
and to successfully meet tourism-related goals.
– It is important to understand the connection
between IP and tourism, and to include IP in tourism
product development. This makes it possible todifferentiate products and services in the market
for destination branding purposes, tourism policy
planning and implementation, and so on.
– It is essential to include IP strategies in thenational tourism plan and tourism policy strategy
for regional and local tourism destinations.
– Governments, DMOs, tourism businesses,
including small and medium-sized enterprises(SMEs) and entrepreneurs alike, need to be
trained in IP rights and strategies. These include,
but are not limited to:5. CONCLUSIONS AND RECOMMENDATIONS– identifying relevant IP rights for the
tourism industry;– understanding how to use IP rights as anincentive for investment and as a means to of
capturing and monetizing added value;– protecting IP rights;– negotiating royalty fees and any other IP
strategy (licensing, etc.); and– deciding how to proceed against possible
infringements of protected IP rights.
– It is critical to identify existing registered IP
rights by using free databases of trademarks
and geographical indications to be sure that any
planned IP assets do not infringe existing rights.
– Once planned IP rights have been protected,
rights holders should plan IP monetization
strategies such as assignment, licensing,franchising and merchandising. These open up
a variety of possibilities for tourism stakeholders
to increase their competitiveness and leveragebusiness opportunities.
– NTAs, NTOs and DMOs should prepare a brandtoolkit or guidelines on the terms of use of thelogo from a legal and technical perspective, andthey should train not only their own staff, but also
brand stakeholders and advocates in applying
the brand to their own organizations’ marketing
communications and materials.
– Tourism authorities are encouraged to raiseawareness among tourism stakeholders anddestinations on the importance of appropriate IP
knowledge and management.
– Museums and other cultural heritage institutions
should receive guidance to develop and adopt
policies and guidelines on how to leverage the IP
system, to include managing and monetizing theworks under the institution’s custody.
– Tourism stakeholders should understand thehuge commercial value of their brands andinnovations, and adequately assess their value as
equity assets in their balance sheet.
– SMEs and other stakeholders in the tourism
value chain should integrate adequate IP asset
management into their overall business strategy
for tourism destination development.
– Tourism industries and destinations involved incapital-intensive activities, or in need of large
capital flow to run their businesses, should createstrong IP assets and unlock their economic
potential by creating and implementing adequate
IP strategies.
– Rights holders should plan and implement anappropriate IP strategy that will allow themto secure investment, and obtain financing
and income to access new markets, and todevelop new technologies and R&D services
and activities. This can be achieved by using
contractual mechanisms and agreements suchas franchising, joint ventures and licensing.
– Legally speaking, IP rights are a transferable
asset. As such, they can be subject to a legal
contract just like any other transferable asset(e.g., they can be sold/assigned and traded,licensed, etc.). By the same token, IP rights canbe used as security to obtain a bank loan.
– When developing and promoting tourism routes,
IP-related recommendations include:– creating and registering the trademark to
identify the route in the relevant countries/
territories and markets;– selecting the appropriate ownership structure
for the IP rights, depending on the route’s
management structure;– identifying the IP strategy in order to profit
from the chosen IP right;– preparing guidelines for stakeholders on theterms and conditions for use of the mark; and– identifying origin-based products (whether
food, agricultural products or handicrafts),
linked to the territory and renowned for their
quality, which may then be protected andpromoted as trademarks, collective marks
or certification marks, or registered as
geographical indications.
– A wide range of issues – from branding toadvertising – need to be raised and addressedby the public sector (NTAs/NTOs and DMOs are
crucial partners in this sense). The private sector(including event organizers and tourism-relatedindustries), the host community and IP experts
also need to be involved.
– NTAs/NTOs and DMOs play a key rolein using mega or sports events to drive
tourism development. This is because theseorganisations are generally part of the overall
strategy and planning process for these events.
– Governments should integrate IP and sportsrelated objectives into national tourism
93

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

development strategies, and recognize thehuge potential of IP and sports to drive socialand economic development and tourism in thehost destination.
– Organizers must plan mega events in line withthe host city’s or country’s overall development
strategy, as established by stakeholders
including government. Tourism should be
included in this plan. However, the tourism sector
needs to formulate its own strategy and action
plan, specifically in terms of capitalizing on theevent for tourism development.
– Government and public bodies, sports
federations, event organizers, donors, sponsors,
and television and media companies are relevant
stakeholders in the organization of sports andmega events. All of these stakeholders need to
be aware of the need to design and implementsound IP strategies that will help to maximize thebenefits of these events for tourism development.
A final remark, which is important to keep in mind,
is that IP laws vary by country or territory. Similarly,
IP rights are territorial rights, and registrations
convey protection only for the specific jurisdiction(s)(depending on the IP office or registration systemchosen) and for specific groups or products orservices (depending on the “class” or “classes”
chosen). For this reason, stakeholders are advised
to seek legal advice based on their specific needs,
priorities and destinations in the jurisdictions inwhich they are seeking IP rights protection.

94

Endnotes
1

For further information on the impact of the COVID-19 pandemic
on the tourism sector, please see:World Tourism Organization (n.d.). COVID-19 response. www.
unwto.org/tourism-covid-19; World Tourism Organization (2020).
“Tourism can be a platform for overcoming the pandemic. By
bringing people together, tourism can promote solidarity andtrust”: UN Secretary-General Antonio Guterres. News, June
9. www.unwto.org/news/tourism-can-promote-solidarity-unsecretary-general-antonio-guterres;World Tourism Organization (2020). Impact assessment of the
COVID-19 outbreak on international tourism. www.unwto.org/
impact-assessment-of-the-covid-19-outbreak-on-internationaltourism;
World Tourism Organization (2020). UNWTO Brieﬁng Note: Tourism
and COVID-19, Issue 1 – How Are Countries Supporting Tourism
Recovery? UNWTO, Madrid. doi.org/10.18111/9789284421893;
World Tourism Organization (2020). UNWTO World Tourism
Barometer (English version). 18(2). www.e-unwto.org/toc/
wtobarometereng/18/2;
World Tourism Organization (2020). UNWTO World
Tourism Barometer, (English version). 18(3). www.eunwto.org/toc/wtobarometereng/18/3.

Photo: Oleh_Slobodeniuk / E+ / Getty Images

5. CONCLUSIONS AND RECOMMENDATIONS

95

Glossary

Tourism terminology
Tourism is a social, cultural and economic
phenomenon that entails the movement of people tocountries or places outside their usual environment
for personal or business/professional purposes.
These people are called visitors (and may be either
tourists or excursionists; residents or nonresidents)
and tourism has to do with their activities,some of which involve tourism expenditure.
The World Tourism Organization’s 22nd Sessionof its General Assembly, held in Chengdu, China,
adopted as Recommendations (A/RES/684(XXII)) some operational definitions used in the
tourism value chain, as well as a set of operational
definitions on some selected tourism types. These
operational definitions provide tourism stakeholders
with a comprehensive and concise, operational,
applicable and globally relevant framework forsome concepts used in the tourism value chain
and for some selected tourism types, aiming
to set the scene and contribute to establishingcommon ground for a harmonized understanding.
The operational definitions used in the tourism
value chain are:– competitiveness of a tourism destination;– destination management/marketingorganization (DMO);– innovation in tourism;– quality of a tourism destination;– tourism destination;– tourism product; and– tourism value chain.
Tourism destination: A tourism destination is aphysical space with or without administrative and/or analytical boundaries in which a visitor canspend an overnight. It is the cluster (co-location)of products and services, and of activities andexperiences along the tourism value chain anda basic unit of analysis of tourism. A destination
incorporates various stakeholders and can
network to form larger destinations. It is also
intangible with its image and identity which
may influence its market competitiveness.
Destination management/marketingorganization (DMO): A destination management/
marketing organization (DMO) is the leading
96

organizational entity which may encompass
the various authorities, stakeholders andprofessionals and facilitates tourism sector
partnerships toward a collective destination
vision. The governance structures of DMOs varyfrom a single public authority to a public-private
partnership model with the key role of initiating,coordinating and managing certain activities suchas implementation of tourism policies, strategicplanning, product development, promotion andmarketing and convention bureau activities.
The functions of the DMOs may vary from national
to regional and local levels depending on thecurrent and potential needs as well as on thedecentralization level of public administration.
Not every tourism destination has a DMO.
Tourism product: A tourism product is acombination of tangible and intangible elements,
such as natural, cultural and man-made resources,
attractions, facilities, services and activities arounda specific center of interest which represents
the core of the destination marketing mix andcreates an overall visitor experience including
emotional aspects for the potential customers.
A tourism product is priced and sold throughdistribution channels and it has a life cycle.
Tourism value chain: The tourism value
chain is the sequence of primary and support
activities which are strategically fundamental forthe performance of the tourism sector. Linked
processes such as policy making and integrated
planning, product development and packaging,promotion and marketing, distribution and sales
and destination operations and services are thekey primary activities of the tourism value chain.
Support activities involve transport andinfrastructure, human resource development,
technology and systems development and othercomplementary goods and services which may
not be related to core tourism businesses but
have a high impact on the value of tourism.
Quality of a tourism destination: Quality of a
tourism destination is the result of a process which
implies the satisfaction of all tourism product andservice needs, requirements and expectations of
the consumer at an acceptable price, in conformity
with mutually accepted contractual conditions andGLOSSARY

the implicit underlying factors such as safety andsecurity, hygiene, accessibility, communication,
infrastructure and public amenities and services.
It also involves aspects of ethics, transparency
and respect toward the human, natural andcultural environment. Quality, as one of the key
drivers of tourism competitiveness, is also a
professional tool for organizational, operational
and perception purposes for tourism suppliers.
Innovation in tourism: Innovation in tourism is
the introduction of a new or improved component
which intends to bring tangible and intangible
benefits to tourism stakeholders and the local
community, improve the value of the tourism
experience and the core competencies of the
tourism sector and hence enhance tourism
competitiveness and/or sustainability. Innovation
in tourism may cover potential areas, such as
tourism destinations, tourism products, technology,
processes, organizations and business models,skills, architecture, services, tools and/or practices
for management, marketing, communication,
operation, quality assurance and pricing.
Competitiveness of a tourism destination: The
competitiveness of a tourism destination is theability of the destination to use its natural, cultural,
human, man-made and capital resources efficiently
to develop and deliver quality, innovative, ethicaland attractive tourism products and services inorder to achieve a sustainable growth within its
overall vision and strategic goals, increase theadded value of the tourism sector, improve anddiversify its market components and optimize its
attractiveness and benefits both for visitors andthe local community in a sustainable perspective.
Tourism types: The operational definitions of
tourism types are:– adventure tourism;– business tourism (related to themeetings industry);– coastal, maritime and inland water tourism;– cultural tourism;– ecotourism;– education tourism;– gastronomy tourism;– health tourism;– medical tourism;– mountain tourism;– rural tourism;– sports tourism;– urban/city tourism; and– wellness tourism.

In addition to the adopted definitions of theabove concepts, the following is a list of
select terminology used in this publication.
A full list of tourism definitions, concepts and terms
can be consulted in the following publications:
World Tourism Organization (2006). Structures
and Budgets of National Tourism Organizations(2004–2005) (English version). Madrid:
UNWTO. doi.org/10.18111/9789284411481
World Tourism Organization (2019). UNWTO
Tourism Definitions. Madrid: UNWTO. doi.
org/10.18111/9789284420858
World Tourism Organization (n.d.).
Glossary of tourism terms.
www.unwto.org/glossary-tourism-terms
World Tourism Organization and United Nations
Environment Programme (2006). Making Tourism
More Sustainable: A Guide for Policy Makers.
Madrid: UNWTO. doi.org/10.18111/9789284411191

Tourism terms directly or indirectly
used in this publication
Carrying capacity: The maximum numberof people that may visit a tourist destination
at the same time without causing destructionof the physical, economic and socioculturalenvironment and an unacceptable decreasein the quality of visitors’ satisfaction.
Destination (main destination of a trip): The
place visited that is central to the decision to takethe trip. See also Purpose of a tourism trip.
Enterprise: An institutional unit engaged in
the production of goods and/or services. It
may be a corporation, a nonprofit institution
or an unincorporated enterprise. Corporate
enterprises and nonprofit institutions arecomplete institutional units. An unincorporated
enterprise, however, refers to an institutional
unit – a household or government unit – only in its
capacity as a producer of goods and services.
Establishment: An enterprise, or part of anenterprise, that is situated in a single locationand in which only a single productive activity is
carried out or in which the principal productive
activity accounts for most of the value added.

97

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTYInternational tourism: Comprises inbound tourism
and outbound tourism – that is the activities ofresident visitors outside the country of reference,either as part of domestic or outbound tourism trips,
and the activities of nonresident visitors within the
country of reference on inbound tourism trips.
National tourism administration/organization (NTA/NTO): A national tourism
organization (NTO), responsible for marketing acountry abroad as a tourism destination, is, ingeneral, either part of the national administrationor an independent body. When it is a part of thenational tourism administration (NTA), various
possibilities exist. The NTO may be part of aministry that is responsible for tourism policy onlyor it may be part of a ministry that is responsible
for more areas of national policy. In addition totheir relationship with the tourism administration,
NTOs generally have strong ties with regional andlocal tourism boards and the private sector.
Production: An activity carried out under thecontrol and responsibility of an institutional unitthat uses inputs of labor, capital, and goods andservices to produce outputs of goods or services.
Residents/nonresidents: The residents of acountry are individuals whose center of predominanteconomic interest is located in its economic
territory. For a country, the nonresidents areindividuals whose center of predominant economic
interest is located outside its economic territory.
Services: The result of a production activity
that changes the conditions of the consuming
units, or facilitates the exchange of productsor financial assets. They cannot be tradedseparately from their production. By the time
their production is completed, they musthave been provided to the consumers.
Sustainable tourism: Tourism that takes fullaccount of its current and future economic,
social and environmental impacts, addressing
the needs of visitors, the industry, theenvironment and host communities.
Tourism: The activity of visitors.
Tourism industries: Comprise all establishments
for which the principal activity is a tourismcharacteristic activity. Tourism industries (alsoreferred to as tourism activities) are the activities
that typically produce tourism-characteristic
products. The term “tourism industries” is equivalent98

to tourism-characteristic activities and the twoterms are sometimes used synonymously.
Tourism sector: As contemplated in the Tourism
Satellite Account, the cluster of production units
in different industries that provide consumption
goods and services demanded by visitors.
Such industries are called tourism industries
because visitor acquisition represents sucha significant share of their supply that, in theabsence of visitors, their production of thesewould cease to exist in meaningful quantity.
Tourist (or overnight visitor): A visitor (domestic,
inbound or outbound) is classified as a tourist (orovernight visitor) if their trip includes an overnight stay
and as a same-day visitor (or excursionist) otherwise.
Travel/traveler: Travel refers to the activity of a
traveler: someone who moves between different
geographical locations for any purpose and any
duration. A visitor is a particular type of traveler
and consequently tourism is a subset of travel.
Visitor: A traveler taking a trip to a main
destination outside their usual environment,
for less than one year, for any main purpose(business, leisure or other personal purpose)other than to be employed by a resident entity inthe country or place visited. See also Tourist.

Terminology on intellectual
property
Key terms related to intellectual
property (IP), traditional knowledge
and traditional cultural expressions
What follows is an abridged version of WIPO's
Glossary of Key Terms Related to Intellectual Property
and Genetic Resources, Traditional Knowledge
and Traditional Cultural Expressions. The proposed
definitions it contains are not exhaustive or necessarily
authoritative; other terms may also be relevant to IP
and genetic resources, traditional knowledge andtraditional cultural expressions, and the terms selected
may also be defined in other ways. The selection ofterms and their proposed definitions are not necessarily
agreed upon by participants in the Intergovernmental
Committee on Intellectual Property and Genetic
Resources, Traditional Knowledge and Folklore.
Note that what follows is for information only anddoes not constitute legal advice nor should it beconsidered an authoritative source of definitions.

GLOSSARY

A full list of IP definitions, concepts and terms
can be consulted in the following publications:
World Intellectual Property Organization (2018).
Glossary of Key Terms Related to Intellectual
Property and Genetic Resources, Traditional
Knowledge and Traditional Cultural Expressions.
Geneva: WIPO. www.wipo.int/edocs/mdocs/tk/
en/wipo_grtkf_ic_37/wipo_grtkf_ic_37_inf_7.pdf
World Intellectual Property Organization(n.d.). What is Intellectual Property? www.
wipo.int/about-ip/en/

IP terms directly or indirectly
used in this publication
Appellation of origin: A special kind ofgeographical indication used to signify productsthat have a specific quality exclusively or
essentially due to the geographical environment
in which the products are produced.
Certification marks: A mark that may be used onlyin accordance with defined standards. The maindifference between collective marks and certification
marks is that the former may be used only byparticular enterprises – for example, members of theassociation that owns the collective mark – while
the latter may be used by anybody who complies
with the defined standards. Thus the users of acollective mark form a “club,” while the “open shop”
principle applies with respect to certification marks.
The definition of certification mark is
not the same in all countries.
Copyright and related rights: Copyright laws
grant authors, artists and other creators protection
for their literary and artistic creations, generally
referred to as “works.” A closely associated field is“related rights,” which encompasses rights similar
or identical to those of copyright, although these aresometimes more limited and of shorter duration.
Copyright (ownership): The owner of copyrightin a work is generally, at least in the first instance,
the person who created the work – that is, theauthor of the work. There can be exceptions
to this general principle, which are regulated
by national law. For example, the national law
may provide that when a work is created byan author who is employed for the purposeof creating that work, then the employer, notthe author, is the owner of the copyright of thework. It is to be noted, however, that the “moral

rights” always belong to the author of the work
regardless of who the owner of the copyright is.
In many countries, copyright (with the exceptionof moral rights) may be assigned. This meansthat the owner of the copyright may transfer
it to another person or entity, who will thenbecome the owner of the copyright.
Collective marks (see trademarks): A mark that
may be owned by an association, which itself
does not use the collective mark, but whose
members may use the collective mark if they
comply with the regulations concerning its
use. An enterprise entitled to use the collective
mark may also use its own trademark.
The regulations concerning the use of thecollective mark normally have to be included in
an application for the registration of the collective
mark and any modifications to the regulations
have to be notified to the trademark office. In
several countries, the registration of a collective
mark may be canceled if that mark is used
contrary to the provisions of the regulations or in amanner that misleads the public. Collective marks
therefore play an important role in the protectionof consumers against misleading practices.
Cultural expressions: Those expressions that
result from the creativity of individuals, groups
and societies, and which have cultural content.
Cultural heritage: Cultural heritage as definedby UNESCSO includes artefacts, monuments, agroup of buildings and sites, museums that havea diversity of values including symbolic, historic,
artistic, aesthetic, ethnological or anthropological,
scientific and social significance. It includes tangible
heritage (movable, immobile and underwater),intangible cultural heritage embedded into cultural,and natural heritage artefacts, sites or monuments.
Geographical indication: A sign used on goods
that have a specific geographical origin and possess
qualities or a reputation due to that place of origin.
Most commonly, a geographical indication consistsof the name of the place of origin of the goods.
Agricultural products typically have qualities thatderive from their place of production and which are
influenced by specific local geographical factors,
such as climate and soil. Whether a sign functions
as a geographical indication is a matter of nationallaw and consumer perception. Geographicalindications may be used for a wide variety ofagricultural products, such as “Tuscan Olive Oil”
99

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

produced in a specific area of Italy, or “Roquefort”
for cheese produced in that region of France, forexample. The use of geographical indications
is not limited to agricultural products; they may
also highlight specific qualities of a product thatare due to human factors found in the product’s
place of origin, such as specific manufacturing
skills and traditions. The place of origin may be avillage or town, a region or a country. An exampleof the latter is “Switzerland” or “Swiss,” perceived
as a geographical indication in many countries for
products made in Switzerland, particularly watches.
Patent: A document issued, upon application, by
a government office (or a regional office acting forseveral countries), which describes an invention
and creates a legal situation in which the patented
invention can normally be exploited (manufactured,used, sold, imported) only with the authorizationof the owner of the patent. Invention meansa solution to a specific problem in the field oftechnology. An invention may relate to a productor a process. The protection conferred by thepatent has a limited duration (generally, 20 years).
Public domain: In a copyright context, a work is
considered to be in the public domain if there is
no legal restriction on its use by the public. The
public domain in relation to patent law consists ofknowledge, ideas and innovations over which no
person or organization has any proprietary rights.
Trademarks: A distinctive sign that distinguishes
the goods or services of one undertaking fromthose produced or provided by others. The holder
of a registered trademark has the legal right toexclusive use of the mark in relation to the products
or services for which it is registered. The owner
can prevent unauthorized use of the trademark,or of a confusingly similar mark, for goods orservices that are identical or similar to the goods
or services for which the mark is registered. Unlike
patents, trademark registrations can potentially bemaintained indefinitely, as long as the trademark
holder pays the renewal fees and actually uses
the trademark. The procedures for registering
trademarks are governed by the rules andregulations of national and regional IP offices (IPOs).
Trademark rights are limited to the jurisdiction of
the authority that issues the trademark. Trademarks
can be registered by filing an application with therelevant national or regional IPO, or by filing aninternational application through the Madrid System.
Trade secret: Broadly speaking, any confidential
business information that provides an enterprise100

a competitive edge. Trade secrets encompass
manufacturing or industrial secrets and commercial
secrets. The unauthorized use of such information
by persons other than the holder is regarded as an
unfair practice and a violation of the trade secret.
Depending on the legal system, the protectionof trade secrets may form part of the general
concept of protection against unfair competitionor may be based on specific provisions or caselaw on the protection of confidential information.
Traditional cultural expressions: WIPO uses
the terms traditional cultural expressions andexpressions of folklore to refer to the tangible andintangible forms in which traditional knowledge
and cultures are expressed, communicatedor manifested. Examples include traditionalmusic, performances, narratives, names andsymbols, designs and architectural forms. The
terms “traditional cultural expressions” and“expressions of folklore” are used synonymously.
The use of these terms is not intended to suggest
any consensus among WIPO member stateson the validity or appropriateness of these orother terms and does not affect or limit the useof other terms in national or regional laws.
Traditional knowledge: There is as yet noaccepted definition of traditional knowledge at
the international level. Traditional knowledge, asa broad description of subject matter, generally
includes the intellectual and intangible cultural
heritage, practices and knowledge systems of
traditional communities, including indigenous andlocal communities (traditional knowledge broadly).
In other words, traditional knowledge in a general
sense embraces the content of knowledge itself as
well as traditional cultural expressions, including
distinctive signs and symbols associated withtraditional knowledge. In international debate,traditional knowledge in the narrow sense refers toknowledge as such – in particular, the knowledge
resulting from intellectual activity in a traditional
context – and includes know-how, practices, skills
and innovations. Traditional knowledge can be foundin a wide variety of contexts, including agricultural
knowledge, scientific knowledge, technicalknowledge, ecological knowledge, medicinal
knowledge, including traditional medicines andremedies, biodiversity-related knowledge, etc.

Photo: swissmediavision / E+ / Getty Images

GLOSSARY101

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Bibliography
Anholt, S. (2007). Competitive
Identity: The New Brand
Management for Nations,
Cities and Regions. London:
Palgrave Macmillan.
Anholt, S. (2010). Places:
Identity, Image, and Reputation.
London: Palgrave Macmillan.
Associazione Europea delle Vie
Francigene (2017). Now online
the new regulations for the useof the EAVF institutional logo andtrademark. Press release, July
5. www.viefrancigene.org/en/
resource/news/online-il-nuovoregolamento-lutilizzo-del-logo-ist/–– (n.d.). Logo andtrademark. www.viefrancigene.
org/en/AEVF/uso-marchio/–– and Cultural Route of
the Council of Europe (n.d.).
Regulations for the use of thelogo and proprietary brandingof the European Associationof the Vie Francigene. www.
viefrancigenedelsud.it/static/
uploads/regulations_use_eavf_
logo_and_propriety_brand.pdf
British Museum (n.d.).
Images. www.bmimages.com
Business Wire (2005). Giorgio
Armani and Mohamed Ali Alabbar
sign “Armani Hotels and Resorts”
agreement for international
collection of luxury hotels andresorts. Press release, May
31. www.businesswire.com/
news/home/20050531005568/
en/Giorgio-Armani-MohamedAli-Alabbar-Sign-Armani
Ciudad de Buenos Aires (n.d.).
Observatorio Turístico. https://turismo.buenosaires.gob.
ar/es/observatorio

102

Clifford, C. (2014). This Hard
Rock Hotel just raised $1.5
million through crowdfunding.
Entrepreneur, July 22. www.
entrepreneur.com/article/235842
European Committee forInterregional Technical
Coordination on the Via
Francigena (2019). Guidance on
European common path andaccommodation standards on
the Via Francigena – Culturalroute of the Council ofEurope. www.viefrancigene.org/
Fair Trade Tourism (n.d.).
Certification. www.fairtrade.
travel/certification/
Gambia Information Site (n.d.).
Association of Small Scale
Enterprises in Tourism (ASSERT
Gambia). www.accessgambia.
com/information/asset.html
Huen, E. (2016). What makes
Armani Hotel Dubai the world’s
most luxurious hotel? Forbes,
December 22. www.forbes.com/
sites/eustaciahuen/2016/12/22/
what-makes-armani-hoteldubai-the-worlds-mostluxurious-hotel/#554c878f405d
International Olympic Committee(2012). Barcelona “totallytransformed” by hosting 1992
Olympic Games. Press release,
July 17. www.olympic.org/news/
barcelona-totally-transformedby-hosting-1992-olympic-games–– (2017). Legacy Strategic
Approach: Moving
Forward. Lausanne:
IOC. https://stillmedab.olympic.
org/media/Document%20
Library/OlympicOrg/Documents/
Olympic-Legacy/IOC_Legacy_
Strategy_Executive_Summary.pdf
Kenya Tourism Board (2019).
The new Magical Kenyalogo, a promise to bring tolife memorable authentic

experiences. #EmbraceTheMagic.
Twitter, May 16. https://twitter.com/magicalkenya/status/1128979436471300096–– (n.d.). Home page. http://
ktb.go.ke/–– (n.d.). Magical Kenya
brochures. http://magicalkenya.
com/brochures/
Lebanon Mountain Trail
Association (n.d.). Home
page. www.lebanontrail.org/home
Lee, A.H.J., G. Wall and J.F.
Kovacs (2015). Creative foodclusters and rural development
through place branding:culinary tourism initiatives
in Stratford and Muskoka,
Ontario, Canada. Journal of
Rural Studies, 39, 133–144.
Logis (n.d.). Home page. www.
logishotels.com/
Ministry of Foreign Trade andTourism of Peru (2016). Project toEnhance the Understanding of the
Factors that Explain Destination
Competitiveness: Progress
Report to the UNWTO Committee
on Tourism and Competitiveness.
Lima: Ministry of Foreign
Trade and Tourism of Peru.
Ministry of Tourism, Republicof Indonesia (n.d.). Term &
condition. www.indonesia.
travel/gb/en/term-condition
Murano Glass (n.d.).
Trademark. www.muranoglass.
com/en/marchio/
Nanayakkara, T. (n.d.). Roleof Intellectual Property in
Enhancing the Competitivenessof the Tourism Industry.
Geneva: WIPO. www.wipo.
int/export/sites/www/sme/
en/tourism/tourism_ip.pdf

LIST OF REFERENCES AND BIBLIOGRAPHY

Pacific Community (n.d.).
The Festival of Pacific Arts &Culture. https://festpachawaii.org/
Pantalony, R.E. (2013).
Managing Intellectual
Property for Museums:
Guide. Geneva: WIPO. doi.
org/10.34667/tind.28605
Pirotti, G.B. and M. Venzin(2017). Resilient Organizations:
Responsible Leadership in Timesof Uncertainty. Cambridge:
Cambridge University Press.
Reuters (n.d.). Despegar.
com Corp. www.reuters.
com/companies/DESP.N
Sampath Punchihewa, N. (2019).
Intellectual Property in Tourism
and Culture in Sri Lanka. Geneva:
WIPO. www.wipo.int/export/sites/www/ip-development/en/
agenda/pdf/study_ip_in_tourism_
and_culture_sri_lanka.pdf
Sánchez Bergara, S. (2019).
Turismo, innovación y propiedad
intelectual. Working paper.
Barcelona: Ostelea Schoolof Tourism & Hospitality.
Sociedad Estatal para la Gestiónde la Innovación y las Tecnologías
Turísticas (SEGITTUR) (n.d.).
Home page. www.segittur.
es/en/inicio/index.html
Sound Diplomacy and
ProColombia (2018). Music is
the New Gastronomy: White
Paper on Music and Tourism.
Bogota: ProColombia. www.
sounddiplomacy.com/
music-tourism-white-paper
Spanish Association forStandardisation (UNE)(n.d.). Committee: CTN
178/SC 5 – touristic smart
destinations. www.en.une.org/
encuentra-tu-norma/comitestecnicos-de-normalizacion/
comite?c=CTN%20178/SC%205

Tourism Australia (2014).
Productivity Commission
Research Paper: Australia’s
International Tourism Industry.
Sydney: Tourism Australia. www.
pc.gov.au/research/completed/international-tourism/comments/
submissions/submission-counter/sub012-international-tourism.pdf

Indications, in Creating,
Developing and Strengthening a
Nation Brand. Geneva: WIPO. doi.
org/10.34667/tind.42285

TripAdvisor (n.d.). About
TripAdvisor. https://tripadvisor.
mediaroom.com/us-about-us–– (2016). Intellectual Property
and Traditional Handicrafts.
TK Background Brief No.
5. Geneva: WIPO. doi.
org/10.34667/tind.28832

United Nations (n.d.).
Sustainable development
knowledge platform. https://sustainabledevelopment.
un.org/index.html
United Nations Educational,
Scientific and Cultural
Organization (n.d.). Agavelandscape and ancient industrial
facilities of Tequila. http://whc.
unesco.org/en/list/1209/
United Nations Environment
Programme and World Tourism
Organization (2006). Making
Tourism More Sustainable:
A Guide for Policy Makers.
Madrid: UNWTO. doi.
org/10.18111/9789284411191
VisitMorocco.com (n.d.). Generalterms and conditions. www.
visitmorocco.com/en/generalterms-and-conditions
Watt, R. (2016). An Introduction
to the Economics ofCollective Managementof Copyright and Related
Rights. Geneva: WIPO. doi.
org/10.34667/tind.28928
World Intellectual Property
Organization (2011). Taking
on the world with a cup oftea. www.wipo.int/ipadvantage/
en/details.jsp?id=2766–– (2012). The Role of Intellectual
Property, in Particular,
Trademarks and Geographical–– (2014). Monetization of
Copyright Assets by Creative
Enterprises. Geneva: WIPO. doi.
org/10.34667/tind.28774–– (2016). Understanding
Copyright and Related
Rights. Geneva: WIPO. doi.
org/10.34667/tind.28946–– (2017). Geographical
Indications: An Introduction.
Geneva: WIPO. doi.
org/10.34667/tind.28659–– (2017). Making a Mark: An
Introduction to Trademarks
for Small and Medium-Sized
Enterprises. Geneva: WIPO. doi.
org/10.34667/tind.29006–– (2017). Protect and Promote
Your Culture: A Practical Guide
to Intellectual Property for
Indigenous Peoples and Local
Communities. Geneva: WIPO. doi.
org/10.34667/tind.28997–– (2018). Glossary of Key
Terms Related to Intellectual
Property and Genetic Resources,
Traditional Knowledge andTraditional Cultural Expressions.
Geneva: WIPO. www.wipo.int/
edocs/mdocs/tk/en/wipo_grtkf_
ic_37/wipo_grtkf_ic_37_inf_7.pdf–– (2018). Intellectual
Property and Folk, Arts andCultural Festivals: Practical
Guide. Geneva: WIPO. doi.
org/10.34667/tind.29072–– (2019). Looking Good: An
Introduction to Industrial Designs
103

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

for Small and Medium-sizedEnterprises. Geneva: WIPO. doi.
org/10.34667/tind.29085–– (n.d.). Madrid: The International
Trademark System. www.
wipo.int/madrid/en/–– (2019). In Good Company:
Managing Intellectual Property
Issues in Franchising.
Geneva: WIPO. doi.
org/10.34667/tind.28658–– (n.d.). The impact of innovation:
WIPO and the Sustainable
Development Goals. www.
wipo.int/sdgs/en/story.html–– (2020). Intellectual Property
and Genetic Resources,
Traditional Knowledge
and Traditional Cultural
Expressions. Geneva: WIPO. doi.
org/10.34667/tind.42279–– (2020). What isIntellectual Property? doi.
org/10.34667/tind.42176–– (n.d.). Copyright. www.
wipo.int/copyright/en/–– (n.d.). Intellectual property forbusiness. www.wipo.int/sme/–– (n.d.). Frequently asked
questions: geographicalindications. www.wipo.
int/geo_indications/en/
faq_geographicalindications.html–– (n.d.). Glossary. www.wipo.int/
tk/en/resources/glossary.html–– (n.d.). Guide to WIPO Domain
Name Dispute Resolution.
Geneva: WIPO. www.wipo.
int/export/sites/www/amc/
en/docs/guide-en-web.pdf–– (n.d.). Intergovernmental
Committee (IGC). www.
wipo.int/tk/en/igc/–– (n.d.). IP and sports:
background brief. www.wipo.
int/pressroom/en/briefs/
ip_sports.html–– (n.d.). Licenses andsponsorships in sport. www.wipo.
int/ip-sport/en/licenses.html

104–– (n.d.). The Olympic
Games. www.wipo.int/
ip-sport/en/olympic.html
World Tourism Organization(1999). Global Code of Ethics
for Tourism. www.unwto.org/
global-code-of-ethics-for-tourism–– (2006). Structures and Budgetsof National Tourism Organizations(2004–2005) (English version).
Madrid: UNWTO. doi.
org/10.18111/9789284411481–– (2008). Sources and Methods:
Labour Statistics – Employment
in the Tourism Industries (Special
Edition). Madrid: UNWTO. doi.
org/10.18111/9789284412334–– (2012). Tourism andIntangible Cultural Heritage.
Madrid: UNWTO. doi.
org/10.18111/9789284414796–– (2016). Highlights of the
1st UNWTO Conference on
Accessible Tourism in Europe(San Marino, 19–20 November2014). Madrid: UNWTO. doi.
org/10.18111/9789284417902–– (2016). Silk Road Action
Plan 2016/2017. Madrid:
UNWTO. www.silkroadadventures.com/wp-content/
uploads/2018/05/sr2016web.pdf

Practice. Madrid: UNWTO. doi.
org/10.18111/9789284418503–– (2017). Maximizing the
Benefits of Mega Events
for Tourism Development.
Madrid: UNWTO. doi.
org/10.18111/9789284418923–– (2017). New Platform Tourism
Services (or the so-called Sharing
Economy): Understand, Rethink
and Adapt. Madrid: UNWTO. doi.
org/10.18111/9789284419081–– (2017). Report of theSecretary-General, Part I:
Programme of Work for 2016–2017 – (a) Implementation of theGeneral Programme of Work for
2016-2017. A/22/10(I)(a) rev.1. 22nd
General Assembly of the World
Tourism Organization, Chengdu,
China, September 11–16. www.eunwto.org/doi/abs/10.18111/unwt
ogad.2017.1.g51w645001604517–– (2017). Affiliate Members
Global Report, Vol. 16: Second
Global Report on Gastronomy
Tourism. Madrid: UNWTO. doi.
org/10.18111/9789284418701–– (2018). Tourism and theSustainable Development
Goals: Good Practices in theAmericas. Madrid: UNWTO. doi.
org/10.18111/9789284419685–– (2018). Western Silk Road
Roadmap. Madrid: UNWTO. doi.
org/10.18111/9789284419494–– (2019). Compendium ofTourism Statistics, Data
2013–2017, 2019 Edition.
Madrid: UNWTO. doi.
org/10.18111/9789284420421–– (2017). Contributionof Islamic Culture and Its
Impact on the Asian Tourism
Market. Madrid: UNWTO. doi.
org/10.18111/9789284418053–– (2019). Global Report on
Women in Tourism, Second
Edition. Madrid: UNWTO. doi.
org/10.18111/9789284420384–– (2017). Innovation in
Tourism: Bridging Theory and–– (2019). International
Tourism Highlights, 2019

LIST OF REFERENCES AND BIBLIOGRAPHY

Edition. Madrid: UNWTO. doi.
org/10.18111/9789284421152–– (2019). New Business
Models in the Accommodation
Industry: Benchmarkingof Rules and Regulationsin the Short-Term Rental
Market. Madrid: UNWTO. doi.
org/10.18111/9789284421084–– (2019). Recommendations
on Sustainable Developmentof Indigenous Tourism.
Madrid: UNWTO. doi.
org/10.18111/9789284421299–– (2019). Report of the SecretaryGeneral: Programme of Work– Based on the Management
Vision. 23rd General Assembly of
the World Tourism Organization, St.
Petersburg, Russian Federation,
September 9–13. https://webunwto.
s3.eu-west-1.amazonaws.com/
s3fs-public/2019-10/report_of_
the_secretary-general.pdf–– (2019). The 21st Century
Maritime Silk Road: Tourism
Opportunities and Impacts.
Madrid: UNWTO. doi.
org/10.18111/9789284418749–– (2019). UNWTO Guidelines
for Institutional Strengtheningof Destination Management
Organizations (DMOs): Preparing
DMOs for New Challenges.
Madrid: UNWTO. doi.
org/10.18111/9789284420841–– (2019). UNWTO Tourism
Definitions. Madrid: UNWTO. doi.
org/10.18111/9789284420858–– (2019). UNWTO World
Tourism Barometer (English
version). 17(1). www.e-unwto.
org/toc/wtobarometereng/17/1–– (2019). Walking Tourism:
Promoting Regional
Development, Executive
Summary. Madrid: UNWTO. doi.
org/10.18111/9789284420520–– (2019). Walking Tourism:
Promoting Regional Development.
Madrid: UNWTO. doi.
org/10.18111/9789284420346–– (2020). Impact assessmentof the COVID-19 outbreak oninternational tourism. www.
unwto.org/impact-assessmentof-the-covid-19-outbreakon-international-tourism–– (2020). “Tourism can be aplatform for overcoming the
pandemic. By bringing people
together, tourism can promotesolidarity and trust”: UN SecretaryGeneral Antonio Guterres. News,
June 9. www.unwto.org/news/
tourism-can-promote-solidarity-unsecretary-general-antonio-guterres–– (2020). UNWTO Briefing Note
– Tourism and COVID-19, Issue 2.
Tourism in SIDS – the challenge ofsustaining livelihoods in times of
COVID-19. Madrid: UNWTO doi.
org/10.18111/9789284421916.
–– (2020). UNWTO Briefing Note
– Tourism and COVID-19, Issue 3.
Understanding Domestic Tourism
and Seizing its Opportunities.
Madrid: UNWTO doi.
org/10.18111/9789284422111.
–– (n.d.). COVID-19
response. www.unwto.
org/tourism-covid-19–– (n.d.). Glossary of tourism
terms. www.unwto.org/
glossary-tourism-terms–– (2020). UNWTO Briefing
Note: Tourism and COVID-19,
Issue 1 – How Are Countries
Supporting Tourism Recovery?
Madrid: UNWTO. doi.
org/10.18111/9789284421893–– (n.d.). Home page. www.
unwto.org/–– (2020). UNWTO World
Tourism Barometer (English
version). 18(2). www.e-unwto.
org/toc/wtobarometereng/18/2–– (n.d.). What are the
SDGs? http://tourism4sdgs.
org/tourism-for-sdgs/
what-are-the-sdgs/–– (2020). UNWTO World
Tourism Barometer (English
version). 18(3). www.e-unwto.
org/toc/wtobarometereng/18/3–– and European Travel
Commission (2009). Handbook
on Tourism Destination
Branding. Madrid: UNWTO. doi.
org/10.18111/9789284413119–– (2020). UNWTO World
Tourism Barometer (English
version). 18(6). doi.org/10.18111/
wtobarometereng.
–– (2020). UNWTO World
Tourism Barometer, May 2020 –Special Focus on the Impact of
COVID-19. Madrid: UNWTO doi.
org/10.18111/9789284421930.
–– (2020). UNWTO Briefing
Note – Tourism and COVID-19,
Issue 1 – How are countries
supporting tourism recovery?
Madrid: UNWTO doi.
org/10.18111/9789284421893.

–– (n.d.). TRIPADVISOR
LLC. www.unwto.org/affiliatemember-organization/240509–– and European Travel
Commission (2011). Handbook on
Tourism Product Development.
Madrid: UNWTO. doi.
org/10.18111/9789284413959–– and European Travel
Commission (2017). Handbook
on Marketing Transnational
Tourism Themes and Routes.
Madrid: UNWTO. doi.
org/10.18111/9789284419166–– and Global Tourism Economy
Research Centre (2019). UNWTO/GTERC Asia Tourism Trends, 2019105

BOOSTING TOURISM DEVELOPMENT THROUGH INTELLECTUAL PROPERTY

Edition. Madrid: UNWTO. doi.
org/10.18111/9789284420360–– and International Labour
Organization (2014). Measuring
Employment in the Tourism
Industries: Guide with Best
Practices. Madrid: UNWTO. doi.
org/10.18111/9789284416158–– and United Nations
Development Programme (2017).
Tourism and the Sustainable
Development Goals: Journey
to 2030. Madrid: UNWTO. doi.
org/10.18111/9789284419401–– and United Nations
Environment Programme(2006). Making Tourism More
Sustainable: A Guide for Policy
Makers. Madrid: UNWTO. doi.
org/10.18111/9789284411191–– and World Tourism Cities
Federation (2018). UNWTO/WTCF City Tourism Performance
Research. Madrid: UNWTO. doi.
org/10.18111/9789284419616––; Centre of Expertise
Leisure, Tourism & Hospitality;
NHTV Breda Universityof Applied Sciences; andNHL Stenden University ofApplied Sciences (2018).
“Overtourism”? Understanding
and Managing Urban Tourism
Growth beyond Perceptions.
Madrid: UNWTO. doi.
org/10.18111/9789284419999––; Centre of Expertise Leisure,
Tourism & Hospitality; NHTV
Breda University of Applied
Sciences; and NHL Stenden
University of Applied Sciences(2019). “Overtourism”?
Understanding and Managing
Urban Tourism Growth beyond
Perceptions, Vol. 2: Case
Studies. Madrid: UNWTO. doi.
org/10.18111/9789284420629

106–– (n.d.). Tourism and travelrelated services. www.wto.
org/english/tratop_e/serv_e/
tourism_e/tourism_e.htm
World Trade Organization,
World Tourism Organization
and Organisation for Economic
Co-operation and Development(2013). Aid for Trade and Value
Chains in Tourism. www.wto.
org/english/tratop_e/devel_e/
a4t_e/global_review13prog_e/
tourism_28june.pdf

This publication helps to understand theconnection between intellectual property (IP)and tourism. Through multiple case studies, itillustrates how existing and potential IP tools,
in particular branding, copyright, geographicalindications and certification marks, can add
value and increase the competitiveness of
tourism services and products. It explains
how to include IP in tourism policies, productdevelopment and destination branding, andshows how different IP rights can be leveraged
for fundraising purposes.
Essential reading for all tourism stakeholders,
including national tourism authorities,
destination management organizations, tourism
businesses and startups, this publication
also provides relevant conclusions andrecommendations on the links between tourism
and IP, showing how appropriately integrating
IP rights can help to spur innovation andleverage their potential for tourism development
and competitiveness.

World Tourism Organization (UNWTO)
Calle del Poeta Joan Maragall, 4228020 Madrid
Spain
Tel: +34 915 67 81 00
info@unwto.org
www.unwto.org

World Intellectual Property Organization34, chemin des Colombettes
P.O. Box 18
CH-1211 Geneva 20
Switzerland
Tel:
Fax:

+ 41 22 338 91 11+ 41 22 733 54 28

For contact details of WIPO’s
External Offices visit:www.wipo.int/about-wipo/en/offices

WIPO Publication No. 1054E
ISBN 978-92-805-3034-6
UNWTO ISBN, printed version:
978-92-844-2238-8
UNWTO ISBN, electronic version:
978-92-844-2239-5