Issues With Intellectual Property In Growing Cannabis Industry
The protection of intellectual property (IP), such as trademarks and creative marketing innovations, is a benefit of federal law denied to participants in the nascent marijuana industry emerging under state-level legalization reforms.
The issue of “Trademark Laundering, Useless Patents and Other IP Challenges for the Marijuana Industry” is explored by Sam Kamin and Viva Moffat, law professors at the University of Denver College of Law, in the Winter, 2016 issue of the Washington and Lee Law Review.
The clash between state and federal law creates numerous and generally well-known problems for the marijuana industry, including federal prosecution for violations of the Controlled Substances Act (CSA), enhanced tax liabilities due to a prohibition on business expense deductions, lack of access to the banking system and a lack of a legal mechanism to enforce contracts (because contracts for illegal activity are unenforceable). Furthermore, according to Kamin and Moffat, “it is often difficult...
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