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ARTICLE · 16 JANUARY 2020

IP Strategies For The Cannabis Industry

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Intellectual Property ("IP") typically provides a significant commercial advantage in the marketplace.

CanadaCannabis & Hemp
Mark Penner
Mark Penner
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Introduction

Intellectual Property ("IP") typically provides a significant commercial advantage in the marketplace. With the legalization of cannabis in Canada in 2018 and increasing competition among cannabis producers, the cannabis industry has been exploring ways to protect its cash crop. Given that proprietary varieties of cannabis plants are highly valued in the cannabis industry, a lesser known and very specific type of IP right called Plant Breeders' Rights ("PBR") may see a rise in prominence. Cannabis producers would be well advised to consider how PBR can be used to protect their commercially valuable proprietary varieties and supplement their existing IP arsenal.

PBR Eligibility and Scope of Protection

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