Canadian Lawyer

58 J A N U A R Y 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m IP protection Cannabis is now cultivated for both the medical (therapeutic) and commercial markets, and although a marijuana plant itself can't be patented, varieties, or strains, of it can be. Jennifer Marles, a partner in Oyen Wiggs Green & Mutala LLP in Vancouver, says she is seeing new developments in protecting intellectual property rights related to cannabis "across all sectors," not only in the medical and recreational sectors. "I have one client who does waste-processing technology," Marles says, "that can actually be used to process all of the waste plant material that [is] resulting from all this cannabis produc- tion." Cannabis waste can't be disposed of while it retains active pharmaceutical compounds, she explains. "You have to destroy the active compounds" before the waste is discharged into the environment. Another client is working on a roadside breatha- lyzer to test for marijuana intoxication. Industrial design, such as the esthetics of packaging, can also be protected. For the medical use of cannabis, there's research being con- ducted in cannabinoids — the chemical substances found in can- nabis — and the Israelis have done a good deal of work, Marles says, around patenting medicinal applications of cannabidiol — CBD — a type of cannabinoid that does not produce a "high." British company GW Pharmaceuticals, which develops cannabi- noids for therapeutic use, recently got approval in the U.S. for one of its therapeutics. "The medical application area is just starting to be explored," she says. Shaer says his company is looking for patents or trademarks for "a myriad of things," some related to plant genetics, some to formulation and extraction-like technology and some to vape technology. Cannabis products to be protected include new topical creams, beverages and edible products, says Gravelle, noting that edibles will be legal for recreational use in a year or so. In August, Con- stellation Brands, an international producer and marketer of beer, wine and spirits, announced it was increasing its ownership inter- est in Canopy Growth. "Constellation Brands is infusing a lot of money into the sec- tor" in the form of cannabis-infused beverages, she says. Patenting cannabis The Trade-marks Act and the Plant Breeders' Rights Act both give registrants exclusive rights to use registered trademarks and registered denominations to distinguish their plant vari- eties in the marketplace. Under the Plant Breeders' Rights Act, a plant breeder can apply to the Canadian Food Inspection Agency for protection of a new plant variety, defined by a set of unique genetic characteristics that will not change upon reproduction of the plants in the grouping. For example, a variety of plant could be bred to produce higher levels of CBD, says Marles. "Companies tend to be more interested L E G A L R E P O R T The world's most innovative companies choose Canada's leader for intellectual property Canada's "Intellectual Property Firm of the Year" Chambers Canada Awards 2017 Canada's "Intellectual Property Litigation Firm of the Year" Benchmark Canada Awards 2018 Canada's "Intellectual Property Boutique Firm of the Year" MIP North America Awards 2018 Canada's "Law Firm of the Year" for Intellectual Property The Best Lawyers in Canada 2018 S M A R T - B I G G A R . C A O T T A W A / T O R O N T O / M O N T R E A L / V A N C O U V E R / C A L G A R Y U N PA R A L L E L E D I P Untitled-2 1 2018-12-13 9:22 AM

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