Introduction to Intellectual Property and Cannabis
Natalie Corthésy,
Enrico Bonadio and
Yentyl Williams
A chapter in Intellectual Property and Cannabis, 2025, pp 1-7 from Edward Elgar Publishing
Abstract:
This book offers a pioneering, cross-disciplinary exploration of the relationship between intellectual property (IP) and cannabis, a plant with historical, cultural, and economic significance. As global legal frameworks evolve, cannabis sativa is now legalised or tolerated in over 50 countries, creating a booming industry valued at billions of dollars, particularly in the United States. IP rights, such as trademarks, patents, and plant variety rights (PVRs), play a crucial role in protecting innovation in this emerging market. Cannabis-related trademarks and patents enable producers to safeguard strains, breeding techniques, and brand identities, yet the process faces challenges. In prohibitionist regions, trademark registrations may be denied for moral or legal reasons. Furthermore, patents with broad claims could lead to monopolies, undermining small and Indigenous farmers, including Rastafari communities in developing nations. Nonetheless, IP tools can be mobilised to support these communities, such as geographical indications. The book addresses the complexities surrounding cannabis IP, from the branding of cannabis products to the social equity concerns tied to the industry's rapid growth. It delves into real-world case studies from Jamaica, Canada, the Netherlands, and Uruguay, offering insights on the global socio-economic, legal, and developmental implications of cannabis’ intersection with IP rights.
Keywords: Intellectual property; Cannabis; Trademarks; Patents; Geographical indications (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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