As cannabis laws rapidly evolve worldwide, the regulation of intellectual property (IP) related to cannabis is undergoing a parallel transformation. This volume examines the opportunities and challenges of protecting cannabis-related IP across trademark, patent, and copyright frameworks in various jurisdictions. By combining a global perspective with in-depth, country-specific case studies, the collection highlights the diversity of approaches to cannabis-related IP and underscores the legal and policy complexities tied to jurisdictional differences. Taken together, the essays provide a timely snapshot of the current treatment of cannabis-related IP, with particular attention to Jamaica, Canada, the United States (US), the European Union (EU), and Uruguay.
The volume begins with an analysis of cannabis trademarks in the US, focusing on the tension between federal prohibition and state-level legalization. Although thirty-eight states permit medical cannabis, and twenty-four states have legalized recreational cannabis, federal law still classifies cannabis as an illegal drug in Schedule I of the Controlled Substances Act, the most restrictive category of controlled substances. Because no lawful use of cannabis exists under federal law, cannabis-related marks are barred from federal trademark registration. This forces trademark owners to rely exclusively on state-level protections, which are geographically limited and unenforceable across state lines. Consequently, cannabis-related businesses face challenges in defending their marks against use by competitors or counterfeiters in other states. The analysis concludes by considering how potential federal legalization or removal of cannabis from the US Controlled Substances Act could reshape federal cannabis trademark protection in the US.
The following chapter shifts focus to the EU, where protection of cannabis-related IP is complicated by the existence of different national cannabis laws in the EU’s twenty-seven member states. Germany’s legalization of recreational cannabis in 2024 anchors a discussion focused on the implications of this reform for EU trademark law. Beyond differing national policies, the EU rules on distinctiveness and descriptiveness pose additional hurdles for registering cannabis-related trademarks. The author predicts that public policy considerations will continue to restrict such registrations across most of the EU unless a growing number of member states follow Germany’s lead and legalize cannabis.
Subsequent chapters explore a range of additional issues: the potential for geographic indicators in association with Jamaican cannabis; the role of moral rights in preventing copyrighted works from being used to market cannabis products in Canada, Jamaica, the United Kingdom (UK), and the US; celebrity image rights in those jurisdictions; evolving packaging regulations in the US, Canada, the Netherlands, and Uruguay; and patent protection for cannabis cultivars in the US.
The country case studies provide nuanced examinations of national legal systems and highlight the interplay between cannabis-related IP and regulatory frameworks. In Canada, for example, nearly 3,000 cannabis-related trademarks have been registered, but strict advertising restrictions and plain packaging requirements inhibit claims of distinctiveness. In Uruguay, the first country to legalize cannabis comprehensively, legalization was paired with the creation of a state monopoly, fixed pricing, and plain packaging rules. While innovative, the Uruguay model significantly reduces incentives for private entities to invest in cannabis-related IP.
The final set of essays broadens the scope to include developmental, economic, and sociological perspectives, including the impact of cannabis-related IP on traditional knowledge and traditional cultural heritage. A particularly compelling discussion explores the misappropriation of Rastafari culture through trademarks registered in Canada, the UK, and the EU, incorporating terms such as irie, ital, rasta, ganga, and kaya. Such practices raise concerns over cultural appropriation, the dilution of traditional expressions, and the inability of Rastafari communities to retain meaningful IP rights in cannabis-related goods and services. The 2024 World Intellectual Property Organization (WIPO) Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge represents a potential avenue for addressing these inequities, though widespread ratification is still pending.
Overall, this volume offers a diverse exploration of the varied approaches to cannabis-related IP across jurisdictions. It reveals the difficulty of balancing conventional IP protections with respect for traditional knowledge, traditional cultural expressions, and public policy concerns. As legalization expands globally, the issues analyzed here will become increasingly relevant to new jurisdictions navigating this complex and rapidly evolving area of law.
