The Canadian scenario

Cameron Hutchison

Chapter 9 in Intellectual Property and Cannabis, 2025, pp 179-191 from Edward Elgar Publishing

Abstract: In 2018, Canada legalised the production, use, and sale of recreational cannabis. This chapter examines the relevance and impact of the regulatory framework provided under the Cannabis Act on three areas of intellectual property protection: registered trademarks, patent, and plant breeders’ rights. While there has been a dramatic rise in cannabis trademarks since legalisation, strict regulation on packaging and advertising has limited brand development. The development of patent law and plant breeders’ rights protection has been very modest. In the case of patent law, there has been some innovation connected to the manipulation and extraction of cannabinoid compounds, but so far no evidence of genetic engineering of plants. Plant variety protection has been offered for only a handful of cannabis hemp varieties, possibly due to the inherent traits of cannabis plants, long testing periods, or economic hardship in the industry. After an initial period of growth, the cannabis industry now faces many economic challenges caused by regulation and other factors. Intellectual property growth in this area will depend on whether these challenges can be overcome.

Keywords: Cannabis; Patents; Plant varieties; Plant breeders; Trademark; Canada (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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