Licenced Producers Should Dovetail IP Strategy with Business Plan

Partner Eileen McMahon has appeared in a Law Times video series on cannabis discussing intellectual property protections licenced producers could consider as Canada edges closer toward cannabis legalization.

In the three minute video, Eileen discusses the importance of having an IP strategy and urged those looking to patent a product to act quickly.

“The LP would want to dove tail any IP strategy with their business plan. An LP is a business like any other business and that means that trademarks, domain names, trade secrets, patents, plant breeders’ rights, design patents all have a role to play,” Eileen told Law Times. 

Eileen also said companies should consider filing for patent applications now.

“I do think we are going to see far more filings for patent applications across the board," she said.

“Not only for LPs, but also for companies in the supply chain.

“I also think we are going to see litigation. Litigation where companies seek to enforce their patent rights, to enforce their plant breeders' rights, to enforce trademark rights."

And it's for those reasons Eileen said having robust IP policies is necessary.

Eileen and the Torys cannabis group have written extensively on the topic. You can read some of their thoughts on the Emerging Trends in Cannabis Industry page.

You can learn more about Torys’ cannabis work by heading to the practice page.