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Using the lens of the baobab tree, this paper explores the ecological outcomes of different tenurial arrangements and implications for resource sustainability. With the emergence of markets for baobab products, a central concern is to confirm whether use patterns differ across different tenure regimes and, if so, their ecological outcomes. The study is based on an ecological survey in Zimbabwe of 244 baobab trees located across three tenure regimes – communal, private and state – and also draws on interviews with key informants. The results suggest that tenure has a strong influence on the sustainability of baobab harvesting. Based on identified parameters of ecological sustainability, trees under state tenure were shown to be harvested unsustainably, and showed excessive bark harvesting, while those under private and communal tenure had fewer signs of debarking and produced more fruits, suggesting their use was more sustainable. Excessive bark harvesting was found to negatively affect fruit and bark production and, to a lesser extent, the overall health of the tree. The research illustrates that in order to understand ecologically sustainable use, an understanding of resource use patterns across different tenure regimes is crucial, suggesting the design of bespoke interventions to manage the use of natural resources in different tenure systems. [ABSTRACT FROM AUTHOR]

Social Impact Statement: Patents can be used as a measure of innovation and to illustrate the commercial potential of plant and fungal biodiversity. The proportion of plant species named in patents represents only 6.2% of plant species, whereas the proportion of fungi is likely less than 0.4%. Fungi clearly justify further research. Innovation on a species usually drives more innovation on that species. We suggest that we should ensure that commercialization frameworks encourage studies on a greater diversity of plants and fungi. This could not only increase the range of biodiversity‐based products and associated income but also incentivize their conservation and encourage more fundamental research. Summary: In this review, patents are used as a measure of innovation, and data show that a low proportion of plant and fungal biodiversity is mentioned in patents. The proportion of plant species named in patents represents only 6.2% of plant species, whereas the proportion of fungi is most likely less than 0.4%. The number of species within a plant family mentioned in patents varies greatly. The following families having the greatest numbers: Asteraceae with 1,445 species (4.5% of species), Fabaceae with 1,299 species (5.8%), Poaceae with 1,008 species (8.5%), and Rosaceae with 718 species (12.7%). Case studies from Brazil, Ethiopia, and South Africa explore some of the controversies associated with patenting, especially when patents have not taken prior art into account. In contrast, a case study on plants and fungi used in traditional Chinese medicine illustrates their economic value and their potential to support new innovations. Innovative ways to use plant and fungal biodiversity has the potential to generate wealth, reduce poverty, improve human well‐being and in theory incentivize biodiversity conservation. International and national policies and laws that aim to facilitate equitable benefit‐sharing associated with access to and use of genetic diversity need to be reviewed to help facilitate innovation, as well as ensure that the rights of communities to use these resources are recognized and supported. [ABSTRACT FROM AUTHOR]