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ARTICLE · 16 FEBRUARY 2023

Cannabis Intellectual Property Rights: Workarounds To Cannabis Export And Import Restrictions

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

Borden Ladner Gervais LLP

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Many countries are contemplating or moving forward with legalizing adult-use cannabis, including the U.S., whose Congress recently passed the Marijuana Opportunity Reinvestment and Expungement Act in early 2022.

CanadaCannabis & Hemp

Many countries are contemplating or moving forward with legalizing adult-use cannabis, including the U.S., whose Congress recently passed the Marijuana Opportunity Reinvestment and Expungement Act in early 2022.

Current Canadian regulations restrict importation and exportation of cannabis to medical and scientific purposes. Importing and exporting cannabis that is intended for the adult-use market is prohibited. An important question, then, is how to enter foreign adult-use markets.

The key to complying with Canadian import and export restrictions is to export your intellectual property, not your cannabis. In this article, we show you how, including different types of cannabis intellectual property rights that may be available and when they are appropriate.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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