Protecting intellectual property relating to marijuana is a complicated endeavor. The federal ban on marijuana renders trademark protection difficult at best, and patent protection, while available, still rife with complications. In Europe, the laws pose similar challenges in the protection and enforcement of marijuana related intellectual property. This Note presents a comparative law analysis of the various ways marijuana related intellectual property may be protected in the United States and Europe. Different types of intellectual property protection explored include utility patents, design patents, trademarks, plant patents, Plant Variety Protection Act coverage, and Community Plant Variety Act coverage. This Note explores the various ways that intellectual property may be protected in the United States and Europe, the challenges marijuana faces in this context, and practical solutions that can be reached by marijuana businesses and their intellectual property counsel.
Comparative Intellectual Property Protection for Marijuana: United States vs. The European Union,
11 Global Bus. L. Rev.
available at https://engagedscholarship.csuohio.edu/gblr/vol11/iss1/7