Workshop: Cannabis and intellectual property: a global perspective (with translation)

Cannabis is a growing sector the world over. The North American legal cannabis market size has been valued at approximately $18.4 billion (USD) as of 2022 and the global revenue is estimated to reach $51.27 billion (USD) in 2023. The exchange, growth, and protection of intellectual property in this sector is driving innovation and much of the growth. Like other sectors, this innovation is protected and licensed through patents and we see the expansion of global cannabis brands, but this sector faces specific and unique challenges unlike any other. Despite the challenges, or perhaps because of them, this market has exploded in recent years and can no longer be ignored by intellectual property practitioners.

This session will provide an overview of the status of cannabis legalization and the nature of the cannabis markets in key territories so that attendees will understand the current picture of the cannabis sector. From there, we will discuss the strategies for the development and protection of an intellectual property portfolio by a cannabis company, including the role of patents, trademarks, and trade secrets. We will discuss the challenges faced by this sector due to a patchwork of laws, inconsistent regulations, and a market that seems to grow faster than the rules that seek to shape it. Finally, we will discuss specific strategies for expansion from one jurisdiction to another such as intellectual property licensing.