Helping growers, retailers and marketers protect their IP.
Bereskin & Parr’s Cannabis group has the breadth of experience to help growers, retailers and marketers protect their intellectual property and navigate the evolving regulatory environment relating to the cannabis industry. The variety of services to our cannabis clients include patents, plant breeders’ rights, industrial designs, trademarks, in-sourcing agreements, packaging, data privacy, regulatory issues related to the branding, promotion and dissemination of information related to cannabis.
Our professionals working in the Cannabis patent group hold graduate and doctoral degrees biochemistry, biomedical sciences, organic and inorganic chemistry, cell and developmental biology, experimental medicine, immunology, medicinal chemistry, molecular and human genetics, neurosciences, medical devices, as well as electrical, chemical and mechanical engineering. This expert knowledge allows us to advise on and protect technology in all areas of cannabis including preparing and filing patents for (i) new plants, cells or genes; (ii) new and non-obvious uses of known plants or cannabinoids; (iii) novel methods of making the active ingredients in cannabis, as well as formulations relating to same; (iv) novel methods of producing cannabis in plants and other organisms; (v) inventive machines and methods for growing or processing cannabis to produce consumable products such as dry flower, compressed leaf and concentrates; and (vi) innovative vaporizers, controlled dose systems and other delivery devices.
The members of the group are registered patent agents registered to act before both the Canadian and US Patent Offices. We are distinguished from other firms in Canada by our incredible bench strength and experience in drafting original patent applications and managing worldwide prosecution and strategy.
Plant Breeders’ Rights
Also known as Plant Variety Rights, these rights can be obtained instead of, or in addition to, patent protection. Plant Breeders’ Rights confer an exclusive right to sell, produce and reproduce, import and export propagating material of a new plant variety.
Industrial designs protect novel and non-functional, esthetic aspects of products or their packaging. Industrial designs can protect the shaping of products, such as a novel shape of foods or other edible products, novel packaging, or ancillary products for adult and medical use of cannabis such as delivery devices.
Our professionals in the Trademark group can assist in filing trademarks, provide opinions on the availability of marks on an increasingly crowded Register and can advise of potential issues before filing. They can advise whether potential marks are in compliance with The Cannabis Act in Canada which restricts certain types of marks. For example, prohibited under the Act are marks for cannabis products that consist of a person, character or animal, whether fictional or real and marks that appeal to minors.
Both the Cannabis Act and Regulations address packaging limitations, which include restrictions on brand selection, as well as brand name font, size and colour. Our team is familiar with these restrictions and can assist with packaging design.
Advertising, Marketing & Regulatory
The constitutional division of powers means that both federal and provincial governments regulate the labelling, advertising and sale of cannabis products. Our team can advise on the prohibited and permitted activities under both federal and provincial laws group can also give guidance in navigating The Canadian Cannabis Act and the provincial laws that restrict the promotion and retail of cannabis.
Our team has experience drafting agreements for various players in the cannabis industry including licensed producers and cannabis suppliers, device manufacturers and retail vendors.
Practice Group Leader
Our team has expertise in several specialized groups:
- Advertising, Marketing & Regulatory ›
- Artificial Intelligence ›
- Chemical ›
- Industrial Designs ›
- IP Management & Strategic Counselling ›
- Licensing & Transactions ›
- Life Sciences ›
- Litigation & Contentious IP ›
- Mechanical & Industrial Processes ›
- Medical Technology ›
- Patents ›
- Plant Breeders’ Rights ›
- Privacy & Data Protection ›
- Trademarks ›