In an industry that is struggling on a daily basis to interpret the regulations as set out by Health Canada, those in the cannabis sector work each day to determine if what they are doing complies with what the regulator has set out.
The future may be green, but as the cannabis industry in Canada expands by leaps and bounds since recreational use of the plant was legalized here in October, cannabis growers and retailers alike will need to move to protect their intellectual properties sooner rather than later and to ensure they are complying with regulations.
Snoop Dogg’s logo could be counter to Cannabis Act marketing rules, says David Lipkus, a partner at Kestenberg Siegal Lipkus LLP and trademark agent.
The growth and use of cannabis in Canada isn’t new; it’s been legal for regulated medical use since 2001 and has been used recreationally for much longer, albeit illegally.
With much fanfare, recreational cannabis became legal in Canada on October 17, 2018. On December 17, 2018, the Office of the Privacy Commissioner of Canada published preliminary guidance for cannabis retailers and customers regarding the protection of personal information collected during such transactions, including online transactions.
Ontario’s cannabis retail authorization lottery guidelines place an onerous process on winners and only large, well-financed and established players will be able to handle it, say lawyers in the cannabis sector.
Alternative dispute resolution methods could help resolve disputes arising from the legalization of recreational cannabis in Canada, say lawyers.
Michael Posnikoff of Norton Rose Fulbright Canada LLP in Vancouver says it will take some time to build out Canada’s cannabis supply chain and it could be a multi-year process until the market settles.
With the recent legalization of marijuana in Canada, the marijuana industry is expanding more rapidly than research into the hazards and risk mitigation can keep up.
Ontario has implemented the latest phase of its response to the federal government's legalization of cannabis by passing new regulations around retail stores.
Experts in international law say legalizing recreational use of cannabis could spell political trouble on the international stage for Canada as it is going against three United Nations drug-control treaties.
Just days before cannabis became officially legal in Canada, Jason Alexander was driving east toward Bowmanville, a town of about 40,000 people located 75 kilometres from Toronto.
The article you’re about to read could be in violation of the Cannabis Act. That legislation contains prohibitions on the promotion of marijuana, prohibitions one lawyer believes could make everything from educational commentary to coffee table books to select movie showings potentially illegal.
With recreational cannabis now legal in Canada, how has intellectual property law evolved and relate to the cannabis sector? Christie Bates, associate at McMillan LLP in Toronto, shares her expertise.
Zachary Kobrin has been watching the Canadian cannabis landscape for some time now and is preparing to navigate its securities landscape as the Florida-based medical marijuana company he represents prepares to go public on this side of the border.
First Nations officials say over-arching federal and provincial frameworks in place to regulate cannabis in Canada do not consider a third level of governance that comes from rights they already have over traditional lands.
In 2018 alone, over 1700 trademark applications were filed in the Canadian Intellectual Property Office (CIPO) in association with goods and services containing the word "cannabis" and/or "marijuana". This dwarfs the 847 such applications filed in 2017.
Traditionally, cannabis grow operations have been subject to one regulation — stay hidden from the police.
Many marijuana dispensaries, currently facing varying degrees of enforcement of their “grey market” activities across the country, are hoping to participate in the legal market.