Worldwide Marijuana Conferences Confirm The Business Of Weed Is Officially Legit
See what one of our attorneys said when recently interviewed for this Forbes magazine arcticle in reguards to Marijuana Law.
One of the many meaningful takeaways from the conference had to do with a topic that hasn’t received a whole lot of press: intellectual property (IP) protection strategies for the community. Reiterating Salley’s statement that marijuana needs to remain true to its roots, it’s important that the individuals who built the industry — namely farmers in the fields who’ve toiled for decades — should be rewarded for their efforts and the innovative cannabis varietals they’ve bred. San Diego attorney David Branfman — with the law firm Branfman Mayfield Bustarde Reichenthal LLP, who has been specializing in IP law for over 35 years, and the past 10 years has focused on developing and implementing IP strategies for the legal cannabis community — also spoke at ICBC.
Branfman advised, “Since knowledge is power, the first step for anyone interested in protecting their IP is to examine and understand what IP assets they already have — even if unregistered — and what IP assets they expect to create and/or deploy in the coming years.”
He said the next important step is to determine which of the four basic tools (patents, trademarks, trade secrets and copyrights) are the most important to protect and in what sequence according to the cultivator’s or entrepreneur’s goals and budget. “Frankly, this is something an experienced IP attorney can really assist with,” he said.
I know this to be true from my own experience with the United States Patent and Trademark Office (USPTO), the federal body responsible for issuing patents to inventors and businesses. The labyrinthine process absolutely requires a specialist attorney to navigate the twists and turns, particularly when attempting to gain IP protection for cannabis-related products, which, of course, are still considered federally illegal.