This paper discusses a selection of important patent and trademark issues relevant to the cannabis industry. It reviews key provisions from the Trademarks Act, RSC 1985, c T-13, including recent amendments that have not yet come into force. It also discusses trademark considerations in the cannabis industry, such as potential limits on promotion and packaging. The paper also considers patents and plant breeders’ rights, including utility patents, inventorship and ownership, and specific considerations for novel plant varieties.

This paper is part of a collection presented at LESA’s Legalization of Marijuana program in Edmonton on May 17, 2018 and in Calgary on May 24, 2018.