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.
Rezensionen / Stimmen
'This book is a pioneering exploration of the relationship between the rapidly evolving legal cannabis market and the essential principles of intellectual property. An interdisciplinary group of authors has been able to brilliantly navigate the complexities of protecting traditional knowledge while promoting equitable benefit sharing for the development of cannabis trade and commerce globally. The sources advocate a more inclusive and just legal framework that acknowledges the historical and cultural significances to be accepted in the commoditizing of cannabis.' -- Machel Emanuel, University of the West Indies, Jamaica 'Intellectual Property and Cannabis is the definitive resource for understanding the role of IP in the global cannabis market. This pioneering volume brings together leading experts to address crucial topics-trademarks, geographical indications, Indigenous peoples' rights, and more. With real-world case studies, the book sheds light on challenges and opportunities at this unique nexus of law, culture, and commerce. Essential reading for those shaping the future of the cannabis industry.' -- Jeremy de Beer, University of Ottawa, Canada 'The book stands out as one of the most comprehensive and insightful works on the intersection of intellectual property (IP) and cannabis. It is not only academically rigorous, but also offers a practical blueprint for developing countries to navigate the intricate world of IP protection for cannabis-related products. The authors meticulously explore how developing nations can leverage IP as one of the few avenues to gain a competitive edge and protect their traditional knowledge amidst the rapid and impending expansion of cannabis liberalisation.' -- Daenia Ashpole, Former CEO (Interim) of the Cannabis Licensing Authority, Jamaica
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-0353-2938-0 (9781035329380)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Edited by Natalie Corthesy, Senior Lecturer, Faculty of Law, The University of the West Indies, Mona, Jamaica, Enrico Bonadio, Professor of Intellectual Property Law, The City Law School, City St George's, University of London, UK and Yentyl Williams, Research Assistant to the Dean, Faculty of Law, The University of the West Indies, Mona, Jamaica
Contents
Foreword xiv
Spyros Maniatis
Acknowledgements xvi
Introduction to Intellectual Property and Cannabis 1
Natalie Corthesy, 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 Corthesy
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