Posts Tagged: "Cannabidiol"

Recent Insights into Cannabis-Related IP Rights in Brazil

The authorization of consumption of Cannabis derivative products in several countries has led to the rapid development of a robust industry around such products. However, Brazilian legislation is still conservative concerning the sale, production, and use of cannabis derivative products, all of which are currently prevented by Brazilian law and defined as both civil and criminal offenses. But despite Brazil’s restrictive position concerning the permission of production and selling of cannabis-related products, the country is now taking baby steps towards the legalization of some aspects of the use and sale of cannabis products, putting the country at the center of discussions around this topic.

Tips for Protecting Cannabis Trademarks

In most industries, federal trademark registration is seen as an attractive form of protection, because federal registration converts what would normally be localized common law trademark rights into national rights covering all 50 states. However, businesses in which the products or services involve the manufacture, distribution or consumption of cannabis—aka “plant-touching” businesses—face an uphill battle seeking to build and protect their brands. This is because all “plant-touching” products and services are still considered illegal at the federal level under the Controlled Substances Act (CSA), which prohibits, among other things, manufacturing, distributing, dispensing or possessing certain controlled substances, including cannabis and cannabis-based preparations, and makes it unlawful to sell drug paraphernalia. Accordingly, the USPTO’s current policy is to refuse all trademark applications for cannabis-based goods and services as illegal under the CSA.

As cannabis patent filings increase, are food and beverage companies positioned to benefit?

Early protection of intellectual property rights is a critical component in any business’ efforts to secure a competitive advantage in the marketplace. A recent report has found that patenting activity for cannabis food and drink has seen a large increase in global activity, in the last five years. 242 simple patent families have been filed in 2015, up from only 144 simple patent families filed in 2012. However, not a single food and beverage company was found to be among the top 10 applicants. Is this a sign that food and beverage companies are not well positioned to benefit from ongoing cannabis legalisation?