Full Description
This pioneering book explores the relationship between intellectual property (IP) and cannabis. Expert scholars from across the globe reflect on the legal, cultural, and socio-economic significance of cannabis, addressing the difficulties of adapting legal frameworks to this unique and multifaceted product.
Chapters delve into key issues at the intersection of IP and cannabis, from branding and packaging to social equity concerns surrounding the rapid growth of the market. Contributing authors demonstrate the intricate contradictions between positive IP protection and cannabis regulation, drawing on case studies from jurisdictions where the product is legalised to varying degrees, including Canada, Jamaica, Uruguay, and the Netherlands. Covering different plant varieties, moral rights, and links between cannabis and traditional knowledge, this incisive book highlights the challenges of harmonising global cannabis laws while balancing innovation and tradition.
Providing novel interdisciplinary insights into the controversies and complexities of the law surrounding cannabis, this book is an essential read for students and academics in intellectual property law, pharmaceutical law, innovation and economics. It is also an invaluable toolkit for policymakers in governments and tribunals, as well as commercial entrepreneurs.
Contents
Contents
Foreword xiv
Spyros Maniatis
Acknowledgements xvi
Introduction to Intellectual Property and Cannabis 1
Natalie Corthésy, Enrico Bonadio and Yentyl Williams
PART I BRANDING
1 Budding opportunities: cannabis trademarks in the United
States 9
Luke Sebastian Zimmerman
2 "A bridge too far?": trade mark protection for cannabisrelated products and services in the European Union 40
Marc Mimler
3 Geographical indications and cannabis 61
Yentyl Williams
PART II MORAL RIGHTS, IMAGE RIGHTS, PACKAGING,
AND PLANT VARIETIES
4 Copyright, the moral right of integrity, and marijuana 81
Justin Koo
5 Marijuana and image rights 96
Emma Perot
6 Packaging of cannabis: a regulatory overview 120
Enrico Bonadio and Akshita Rohatgi
7 Protecting cannabis cultivars in the United States: utility
patents, plant patents, and plant variety protection certificates 138
Larry Sandell
PART III CASE STUDIES
8 The development of an IP protection strategy for Jamaican
cannabis 161
Natalie Corthésy
9 The Canadian scenario 179
Cameron Hutchison
10 Cannabis regulation and IP rights in Uruguay 192
Maximiliano Marzetti
11 The Dutch scenario 211
Lotte Anemaet
PART IV DEVELOPMENTAL, ECONOMIC, AND
SOCIOLOGICAL ANALYSIS
12 Traditional knowledge, traditional cultural expressions and
cannabis: an Indigenous rights-based access and benefitsharing framework 232
Marcus Goffe
13 The economics of intellectual property protection for
cannabis: challenges, opportunities and the evolution of patents 272
Cristiano Cantore
14 Post-colonial justice in the post-prohibitionist market: a
political economy view on IP and cannabis 294
Bryan Khan
15 A history and social anthropology of the African origins of Jamaica's cannabis 322
Toby Leon Moorsom
Epilogue to Intellectual Property and Cannabis 359
Andrea Zappalaglio
Index 362
