The legalization of recreational marijuana has presented many legal issues which courts, lawyers and judges are facing for the very first time. One of those regards intellectual property. Cannabis business owners retain a legal interest in their copyrights, trademarks, branding, unique cannabis products and technology and other designs. Unfortunately, conflicts in state and federal law can make it difficult to enforce these rights.
The U.S. Patent and Trademark Office registers all patents, trademarks and copyrights across the country. However, this done pursuant to federal law, which still bans marijuana entirely. Intellectual property holders can still secure patents for marijuana and marijuana-related products, but the enforcement of such a patent can bring unwanted attention from federal law enforcement agencies. Forbes reports that approximately 500 active marijuana patent holders are in legal limbo.Now, California lawmakers have proposed a solution which will better enable cannabis business owners to protect their intellectual property rights.
The Proposed Bill