Cannabis regulation and IP rights in Uruguay

Maximiliano Marzetti

Chapter 10 in Intellectual Property and Cannabis, 2025, pp 192-210 from Edward Elgar Publishing

Abstract: This chapter provides an analysis of Uruguay's regulatory framework for cannabis liberalization, the first of its kind globally. It explores how Uruguay's approach to IP rights has shaped cannabis research, development, and commercialization. Despite Uruguay's leading role in legalizing recreational, medicinal, and industrial cannabis, the impact of IP rights has been limited. This limitation can be attributed to the small scale of Uruguayan firms and the government's restrictive policies, including a legal monopoly and no-brand policy for recreational cannabis, which reduce economic incentives for intellectual property (IP). The chapter argues that IP rights are most effective in a robust market with effective enforcement mechanisms. Public authorities, such as the IRCCA, have utilized IP rights, holding four plant breeders’ rights (PBRs) for recreational cannabis varieties. The chapter anticipates a gradual increase in IP rights, especially trademarks and PBRs, in the medicinal and industrial cannabis sectors as these markets mature, though the growth will be modest compared to developed countries.

Keywords: Uruguay; Cannabis; CBD; THC; Intellectual property; Trademarks; Patents; Plant breeder's rights; Geographical indications (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035329380
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