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w w w . c a n a d i a n l a w y e r m a g . c o m J A N U A R Y 2 0 1 9 61 nies want, because [the trolls] won't have to show 'use' [of a mark] either," says Melanie Baird, a litigator at Blake Cassels & Graydon LLP in Toronto. Canada and the global marketplace Shaer says he's proud that Canada legalized marijuana for rec- reational use, becoming only the second country in the world (after Uruguay) to do so. But the medical market in marijuana internationally makes the Canadian market look very small, he says. Eighty per cent of those who have prescriptions for medical marijuana in Germany are insured for the drug, he says, and Germany has a very large population. Canopy Growth was founded in 2013, "and we do have the most medical patients of any of the licensed producers in Canada." Still, Canada has a much smaller population, and about 300,000 patients are registered to use it here, Shaer says. "If you think of a country the size of Germany or Brazil . . . those are much bigger marketplaces." Archambault sees Canada as having an advantage because cannabis trademarks are allowed here, while they are not always available in the U.S., for example. This means Ameri- can producers might choose to register their trademarks here if they can't in the U.S. "If you look at the change in attitude coming slowly and surely . . . there will come a day when it becomes legalized in the U.S. and other countries, and having filed in Canada gives you a formal precedence in use of your mark. . . . That's a great opportunity." Marles concurs. Americans now "have an interest as well, especially in the medical market, and especially in California," she says. "But it's still federally illegal. That positions Canada better for investments that are coming in this sector because the climate is a little more permissive." Sector 'flush with cash' Commercial disputes have already started, says Baird, in terms of litigation over supply and distribution channels. Once corporate IP assets become public, "you're going to start to see the patent and trademark battles come and I think those are going to be quite heated. . . . It's not unlike the early days of . . . pharmaceutical battles," she says. "You can make an analogy to over-the-counter and prescription products. . . . Now, there's a lot of companies involved, big and small, in the new can- nabis industry. And so, for some of those companies, these IP issues could be make or break" them. The more exciting battles will be the patent rather than the trademark ones, Baird predicts. "I think there'll be interest- ing patent applications that will lead to some very interesting cases. . . . It's a fascinating industry [and] a lot of people will want exclusivity over particular things. "It's flush with cash, so a lot of people will be fighting over it." L E G A L R E P O R T Expert, practical direction for developing jury instructions Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # L7798-5511-65203 $366 Hardcover + CD-ROM approx. 1350 pages March 2015 978-0-7798-5511-7 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Written by a leading criminal law jurist, author and lecturer, Watt's Manual of Criminal Jury Instructions, Second Edition provides expert, practical direction for developing proposed instructions and equips you with the knowledge you need to object to opposing counsel's proposed instructions. Since it was first published, this groundbreaking work has been assisting not only defence and crown counsel in recommending appropriate jury instructions for their cases, but also trial judges with composing the required instructions. For each stage of the proceedings, the book provides a suggested wording and discussion of the instruction, setting it into the overall context of the trial. Continuing the standard of excellence set by the original edition, the second edition of Watt's Manual of Criminal Jury Instructions thoroughly reviews and updates all the significant developments in jurisprudence and legislation, including: • Preliminary, mid-trial and final instructions have been fully reviewed, updated and new instructions added • Up-to-date case digests to assist in customizing instructions to fit evidence at trial • CD-ROM providing access to full text of cases and Jury Instruction Forms Watt's Manual of Criminal Jury Instructions, Second Edition The Honourable Mr. Justice David Watt © 2018 Thomson Reuters Canada Limited 00254GN-94255-NP

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