Smoking Hot Growth – IP in the Medical Cannabis Industry

Intellectual property (IP) plays an important role in the medical cannabis industry. Many players in the industry use one or more types of IP rights to add value to their business. Various types of IP rights are utilized by companies active in the field, including Utility/Innovation Patents, Designs, Plant Breeders' Rights, Plant Patents, Trademarks and Trade Secrets. The IP strategy employed by innovative medical cannabis should depend upon the nature of the product being developed.

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From the Desk of JMB: A High Value Business Tool or the Illegitimate Child of IP?

A new Designs Law has just been enacted in Israel, and is due to take effect in about one year from now. The need for a new law has existed for a long time, due to the current system being based on the Patents and Designs Ordinance (‘the Act’) of 1924. To say that this change is well overdue would be a gross understatement.

So what has taken so long? When pondering that question I recall a roundtable discussion that I attended on The Hague System of international design registration. I estimate that this was probably about 8 years ago, at one of the big international conferences, and all present agreed that designs were the “illegitimate child of IP.” If you look at the time it has taken for the IP world at large, to get its act together regarding designs; if you compare how many countries are members of the PCT, Madrid and Hague, respectively; and otherwise consider the huge differences between different jurisdictions when it comes to design rights, it’s hardly surprising that this was – and still is to a large degree – the perception.


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