The current state of cannabis and intellectual property laws and regulations leaves small and emerging cannabis businesses at a distinct disadvantage compared to those in other industries. Those wishing to pursue cannabis inventions and patents face an uphill battle as cannabis research and development is nearly impossible to conduct legally. The difficulty in researching cannabis has pushed companies to move their research outside of the United States, leaving those growing businesses unable to corner their market in the cannabis industry. Complicating matters further are the overly broad patents that cannabis patentees are likely receiving as a result of market participants leaving innovations undocumented due to fear of being prosecuted for their involvement in the industry. Although the cannabis-patenting field is cloudy, businesses can utilize alternative strategies such as state and ancillary trademarks, trade secrets, and first-mover advantages to protect their information and grow their brands.
How Small Cannabis Businesses Can Survive the Hurdles of IP Protection,
Tex. A&M L. Rev.
Available at: https://doi.org/10.37419/LR.V8.I1.6