DOCSLIB.ORG

Collective Trademarks and Biocultural Heritage

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Collective Trademarks and Biocultural Heritage COLLECTIVE TRADEMARKS AND BIOCULTURAL HERITAGE Towards new indications of distinction for indigenous peoples in the Potato Park, Peru Alejandro Argumedo – 2013 First published by International Institute Disclaimer ACRONYMS for Environment and Development (UK) This paper represents the view of the BCH in 2013 author and not necessarily that of IIED. biocultural heritage BCHI biocultural heritage indication Copyright © International Institute for Acknowledgements Environment and Development This research project would not have GI geographical indication been possible without the leadership of IPR intellectual property rights All rights reserved the Potato Park communities, its IP intellectual property ISBN: 978-1-84369-907-1 economic collectives and community technical team. The author wishes to TK traditional knowledge For further information please contact: express his sincere gratitude to Emma International Institute for Environment Blackmore and Krystyna Swiderska of and Development (IIED), 80–86 Gray’s IIED for providing valuable comments Inn Road, London WC1X 8NH, United and giving Asociación ANDES the Kingdom. [email protected], opportunity to work on this project. www.iied.org/pubs This publication also bears an imprint of Citation many people: Graham Dutfield, Selim Argumedo, A. (2013). Collective Loufi, Jorge Larson and Manolo Ruiz for trademarks and biocultural heritage: their very valuable comments and Towards new indications of distinction guidance; Cesar Argumedo, Tammy for indigenous peoples in the Potato Stenner and Celia Montalvo, for Park, Peru. International Institute for supporting the implementation of this Environment and Development, London. project. Designed by I also wish to express my gratitude to the SteersMcGillanEves Asociación ANDES staff members who 01225 465546 rendered their help during the period of Laid out by this project. My special thanks to Marc Regent Typesetting Griebel for his help in the completion of www.regent-typesetting.co.uk the writing work. Edited by This research and Clare Rogers publication was part-funded by UK Series Editor aid from the UK Emma Blackmore Government, Photo credit however the views Anna Karklina expressed do not [email protected] necessarily reflect the views of the UK Government. Shaping Sustainable Markets Shaping Sustainable Markets is the About the author flagship research project for the Alejandro Argumedo is Director of the Sustainable Markets Group at IIED. Asociaciòn ANDES in Cusco, Peru, and co-Director of the Global Coalition for Can markets be ‘governed’ to better Biocultural Diversity at the International benefit people and planet? This project Society of Ethnobiology. He is an explores the individual and combined indigenous human rights activist and a impact of market governance writer and researcher whose subjects mechanisms on sustainable include biodiversity conservation, development to find out what works intellectual property, agriculture and where and why. Some of these traditional knowledge. mechanisms are well established. Others are innovative ideas yet to be tested in the real world. We want to improve and broaden understanding of how market governance mechanisms can be designed and used to secure livelihoods and protect environments. Find out more about our work at http:// shapingsustainablemarkets.iied.org. We welcome your comments on this publication or other aspects of Shaping Sustainable Markets. Please contact [email protected]. 2 COLLECTIVE TRADEMARKS AND BIOCULTURAL HERITAGE Towards new indications of distinction for indigenous peoples in the Potato Park, Peru Alejandro Argumedo – 2013 Summary 4 Foreword 6 1. INtrODUctiON 8 2. THE POTATO PArk AND biOCULTURAL HEritAGE 10 3. ‘SOFT’ IPRS AND COLLEctiVE trADEMArks 13 4. COLLEctiVE trADEMArks: thE LEGAL FRAMEWOrk IN PERU AND its AppLicAtiON IN thE POTATO PArk 14 5. THE prOCEss OF AppLYING FOR A COLLEctiVE trADEMArk 16 6. CRAFTING SOLUTIONS: an informal collective trademark 22 7. ‘SOFT’ INTELLEctUAL prOPErtY TOOLS AND INDIGENOUS COMMUNitiEs 24 8. ‘BIOCULTURAL HEritAGE INDICAtiONS’: A POssibLE WAY FORWARD? 26 9. CONCLUsiON 28 REFERENCEs 30 ANNEX 1 32 Internal regulations for the use of the collective brand “Parque de la Papa” soaps and shampoos ANNEX 2 36 Survey to assess the impact of the Potato Park collective mark FIGURES Figure 1: Location of the Potato Park (Parque de la Papa), Peru 12 Figure 2: The collective trademark of the Potato Park 15 BOXES Box 1: Explaining the terms ‘biocultural heritage’ and ‘geographical indications’ 9 Box 2: The formal process of application for a collective trademark in Peru 17 Box 3. The internal regulation of the Potato Park’s collective trademark 18 3 SUMMARY How can indigenous people and local group or association must submit its legal statutes communities protect their intellectual property, of association. Although the Potato Park when it consists of collective, traditional communities have a legally registered association, knowledge? How can they best protect and the composition of the Park and its leader had promote market produce based on their own recently changed, and it was not possible to particular biocultural heritage?1 Existing change the statutes of association to reflect these intellectual property tools tend to be unsuitable for changes within 60 days. The formal process to this purpose: they protect individual rather than make changes to statutes of association (under collective rights, prioritise economic over social or Peruvian law on indigenous governance) is very cultural benefits, and focus narrowly on protecting slow, and these changes have still not been made. intellectual ‘products’ rather than knowledge This constraint has not been accounted for in the systems and production processes as a whole system for registering collective trademarks. A (including their fundamental linkages with land further complication for communities is that and biodiversity). However, ‘soft’ intellectual separate applications need to be made for each property rights, such as geographical indications,2 product category (e.g. soap, tea, bottled water). trademarks and design rights, can be collectively owned, link to a particular area or production Registration of a soft IPR is usually beyond the process, and incorporate more self-determined legal and financial capacity of remote rural rules in line with the customary laws that promote communities, hence these systems remaining indigenous innovation. Collective trademarks, for largely inaccessible. Geographical indications example, pertain to a collective or group of can promote indigenous products in global persons such as associations or cooperatives, markets and support indigenous culture. However, and are under the control and management of in Peru, the state remains the rights holder, costs these formally recognised groups. are prohibitive and procedures complicated, so many groups have opted for collective trademarks This paper presents the experience of the instead. communities of the Potato Park in both applying for formal protection through a collective Given the difficulties with formal registration, from trademark, and in adopting an informal trademark 2005 the Potato Park communities decided to for a range of biocultural heritage-based products use their collective trademark informally. A survey and services. The communities designed a of the economic collectives in the Park (including trademark and submitted an application for its for potato production, tourism, crafts and herbal formal recognition by INDECOPI,3 the Peruvian medicines) was conducted in late 2010 to assess intellectual property rights (IPR) authority. the economic, social and cultural impacts of the However, the mark was not approved because informal mark. The findings show that the they did not submit the required paperwork within collective mark has brought tangible monetary the timeframe of 60 days from the date of benefits. Most participants said it results in both application. To register a collective trademark, the higher prices and increased sales, and ensures 1. See Box 1 for a definition of ‘biocultural heritage’. 2. See Box 1 for a definition of ‘geographical indications’. 3. ‘The National Institute for the Defense of Competition and the Protection of Intellectual Property’ 4 that products are better known for their quality distinct production process and associated and source, which contributes to higher sales. culture, and link it to a particular area rich in biological and cultural diversity, drawing on the Although it lacks formal recognition, the mark is model of geographical indications. It could also now widely recognised as a distinctive symbol of draw on the positive aspects of collective the Park, and people associate products and trademarks, where communities can develop their services from the Park as having a particular own internal regulation which reflect and reinforce quality, origin and distinctiveness. It serves not their collective rights, customary laws, cultural only a commercial purpose but helps to ensure values and holistic worldviews, and enable them social cohesion and broader recognition of the to exercise some control over market Potato Park’s goods, culture, and biodiversity. It development. And critically, it would need to lower has made campesinos (the local indigenous transaction costs for communities by minimising farmers) proud of their heritage and thereby financial costs, simplifying bureaucratic consolidates the goals of the Potato Park as an procedures and
Load more

Recommended publications
  • UNDERSTANDING TRADEMARK STRENGTH Timothy Denny Greene
    STANFORD TECHNOLOGY LAW REVIEW VOLUME 16, NUMBER 3 SPRING 2013 UNDERSTANDING TRADEMARK STRENGTH Timothy Denny Greene & Jeff Wilkerson* CITE AS: 16 STAN. TECH. L. REV. 535 (2013) http://stlr.stanford.edu/pdf/understandingtrademarkstrength.pdf ABSTRACT Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action. We argue that the acquired strength prong is insufficiently theorized and lacking in analytical rigor, which results in inconsistent results as judges in each jurisdiction (and indeed, each judge within a jurisdiction) rely on their own peculiar heuristics for determining whether a trademark is strong or weak. Our goal in this Article is to develop a better understanding of what is at stake when judges and practitioners think about trademark strength and to provide analytical guideposts that judges and practitioners can use to improve outcomes. By describing mark strength in a more articulate, consistent manner we can work towards eliminating inconsistency across circuits, thereby promoting more uniform national application of the Lanham Act. And by predicting accurately how strong a court will hold a mark to be in litigation, practitioners and markholders can better calculate the risk of bringing suit against an alleged infringer (or diluter). * We thank Uli Widmaier and Chad Doellinger for providing vital comments and encouragement in early drafts of this Article.
    [Show full text]
  • Duane Morris Cannabis Trademark and Brand Protection at a Glance
    CANNABIS TRADEMARK AND BRAND PROTECTION With an increasing number of states coming “online” with respect to medicinal and adult-use cannabis products, and with the changes in the legality of cannabis extracts (namely CBD) following the 2018 Farm Bill, there is a strategic need for cannabis companies to brand their products and services. The branding of cannabis products and services—as with all products and services—is crucial for garnering consumer recognition, gaining and increasing market share, and attracting investment dollars. Cannabis companies that are developing and strengthening their brand equity now will be best-positioned for the market and legal changes that are sure to come in the future. Duane Morris attorneys work closely with clients operating or looking to operate in a wide array of verticals, and assist with developing brand strategies that make sense for their businesses from both practical and legal perspectives, and in the most cost-efficient manner possible. We’ve helped clients operating in both the medicinal and adult-use spaces in developing and implementing corporate structures that facilitate the growth and marketing of their brands. RANGE OF SERVICES 2018 Farm Bill Spurs Cannabis Trademark Clarification • Brand Clearance In response to the 2018 Farm Bill, the United States Patent • Trademark, Prosecution, Registration and Protection and Trademark Office (USPTO) released an examination • Product Licensing guide aimed at clarifying the procedure for trademarks used • Enforcement in connection with cannabis and cannabis-derived goods and • Trade Secret Protection services. • Intellectual Property Strategy • State, Federal and International Brand Protection Under these guidelines, applications filed before December 20, 2018, that identify goods and/or services encompassing • Advice on Marketability CBD or other cannabis products will be issued a refusal based on unlawful use or lack of bona fide intent to use in lawful LEADERS IN THE FIELD commerce under the CSA.
    [Show full text]
  • Brand Protection Report
    Brand Protection Report Published May 2021 Table of Contents Introduction 3 Robust Proactive Controls 4 Powerful Tools for Brands 7 Holding Counterfeiters Accountable 13 Introduction Amazon strives to be Earth’s most customer-centric company, offering vast selection, low prices, and fast delivery. We deliver on that vision by creating shopping experiences that customers, sellers, and brands can trust. Today, we have more than 300 million active customer accounts and over 1.9 million selling partners worldwide. Many of these selling partners are small and medium-sized businesses, and they represent the majority of physical products sold in our stores. We are proud to help these small businesses thrive and create hundreds of thousands of new jobs in their local communities. In the face of COVID-19, we are grateful that Amazon could continue to serve our customers and selling partners. Customers were able to order and receive what they needed during a global pandemic and our selling partners, in many cases, grew their businesses as their physical storefronts saw decreased sales. The pandemic also attracted bad actors who tried to take advantage of the situation, and despite their attempts, we continued to make strong progress driving counterfeits to zero in our store. In 2020, Amazon invested over $700 million and employed more than 10,000 people to protect our store from fraud and abuse. As a result, the vast majority of our customers continued to only find authentic products in our store. We approach our anti-counterfeiting efforts through three strategies: 1. Robust proactive controls. We leverage a combination of advanced machine learning capabilities and expert human investigators to protect our store proactively from bad actors and bad products.
    [Show full text]
  • Best Practices for Intellectual Property Protection in China
    Best Practices: Intellectual Property Protection in China ntellectual property (IP) is a longstanding, discovered. To protect their IP in China, companies critical concern for companies operating in should follow several steps: IChina . IP enforcement has consistently placed among the top handful of issues raised by US- Craft and Implement a Corporate China Business Council (USCBC) member IP Strategy in China companies every year in USCBC’s annual membership survey. Concern about IP • Conduct an initial audit of the company’s enforcement remains a major factor influencing China operations to determine IP assets, IP company strategies and operations in China. risks, and assign appropriate levels of China’s IP laws and regulations increasingly reflect protection to those assets based on the risk of international standards, and China has indeed infringement. made steady efforts to better protect and enforce IP • Review the company’s internal IP controls to rights. However, challenges remain, including determine whether they provide sufficient lingering issues with China’s IP legal framework in protection. Make adjustments based on the IP areas such as trade secrets, uneven enforcement, audit, and dedicate resources in alliance with and significant procedural barriers that frustrate the company’s IP protection goals. company efforts to protect IP in China. At the same time, counterfeiters and infringers in China are • Classify IP-relevant information according to increasingly sophisticated. They often exploit its level of sensitivity, and integrate that procedural loopholes, proactively seek to classification into information control and invalidate legitimate patents and trademarks, operational procedures. deploy advanced techniques such as reverse • Make IP protection a core responsibility of the engineering, and find new ways to infiltrate entire China management team, not merely a legitimate distribution networks and build their function of the legal or brand protection teams, own parallel networks.
    [Show full text]
  • 2001) (PDF, 395 KB, File Does Not Meet Accessibility Standards.
    Quality Control - International 12 – 14 February 2001 PROCEEDINGS OF THE 23rd GEISENHEIM MEETING 12. – 14. February 2001 International training course for quality inspectors for fruit, vegetables and ware potatoes ______________________________________________________________ Organizers: Regierungspräsidium Gießen Dezernat 29/114, Wetzlar Bundesanstalt für Landwirtschaft und Ernährung, Referat 323 - Qualitätskontrolle, Qualitätsnormen, Frankfurt am Main TABLE OF CONTENTS Page 1 Standard Interpretation and Quality Control - Answers to questions asked by control services 20 Opening address 23 Regulation No. 2251/92: Goals and aims of the current reform 27 Quality Assurance System - The new controlling system of KCB 31 New Methods to Determine Fruit Quality 33 The Prospective Accession of Hungary to the EU seen by a Hungarian Producer Organisation 37 EC Quality EC-Marketing Standard for Onions 39 Results of Sample Assessment for Onions 40 Isotope Analysis as a means of tracing the origin of Onions and Potatoes 45 EC-Marketing Standard for Melons 50 Results of Sample Assessment for Melons 51 Melon Types of Importance in Spain 56 Melon Types of Importance in France 59 Melon Varieties in Israel 61 Melons from Turkey: Main Types and their Characteristics 69 List of Participants ____________________________________________________________________ Editors: Erik Schneider, BLE, Frankfurt am Main LD Gert Pingel, RP Gießen, Wetzlar Translation: Jutta Himmelreich, BLE, Frankfurt am Main Erik Schneider, BLE, Frankfurt am Main 1 Standard Interpretation and Quality Control - Answers to Questions asked by Control Services Bärbel Jacobs, David Holliday, Wilfried Staub 1. Tomatoes What is the minimum acceptable coloration for tomatoes? Both the EU quality standard and the OECD standard state that the development and condition of tomatoes must be such as to enable them: - to withstand transport and handling, and - to arrive in satisfactory condition at the place of destination.
    [Show full text]
  • Internet & Jurisdiction and ECLAC Regional Status Report 2020
    2020 & INTERNET JURISDICTION AND ECLAC REGIONAL STATUS REPORT REGIONAL STATUS REPORT 2020 ECLAC AND INTERNET & JURISDICTION Thank you for your interest in this ECLAC publication ECLAC Publications Please register if you would like to receive information on our editorial products and activities. When you register, you may specify your particular areas of interest and you will gain access to our products in other formats. www.cepal.org/en/publications ublicaciones www.cepal.org/apps INTERNET & JURISDICTION AND ECLAC REGIONAL STATUS REPORT 2020 This report was commissioned by the Secretariat of the Internet & Jurisdiction Policy Network (I&JPN) and the United Nations Economic Commission for Latin America and the Caribbean (ECLAC), and was authored by Carlos Affonso Souza. The report represents the author’s best endeavour to map the current ecosystem and trends in Latin America and the Caribbean on the basis of desk research and stakeholder surveys and interviews. The completeness of the information cannot be guaranteed, however, as this report constitutes a first regional baseline with regard to the state of jurisdiction over the Internet. ECLAC and the I&JPN Secretariat are grateful for the financial and institutional support of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), acting on behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ), which enabled this report to be produced. The views expressed in this document are those of the authors and do not necessarily reflect the views of the
    [Show full text]
  • English, Eds., Development, Trade and the WTO: a Hand- Book
    ow can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? Poor People’s H Knowledge: Promoting Intellectual Property in Developing Countries demonstrates how poor people in poor countries can increase their earnings from their own innovation, knowledge, and Public Disclosure Authorized creative skills. Case studies look at the African music industry, traditional crafts and ways to prevent counterfeit crafts designs, the activities of fair trade organizations, bioprospecting and the commercialization of ethnobotanical knowledge, and the use of intellectual property laws and other tools to protect traditional knowledge. Culture and commerce more often complement than conflict in the cases reviewed here. The contributors’ motivation is sometimes to maintain the art and culture of poor people; they recognize, however, that except in a museum setting, no traditional skill can live on unless it has a viable market. Public Disclosure Authorized The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) protects the knowledge that individuals and businesses in industrial countries own, poor people buy. This book looks at the other half of intellectual property, the knowledge that poor people in poor countries generate and have to sell to the rest of the world. Poor People’s Knowledge builds on legal, economic, and commercial analysis and should be of interest to student and scholars in these fields. More broadly, the book will interest anyone who wants to learn Public Disclosure Authorized how people in developing countries can incorporate their own intellectual property into their own development efforts and how they can find international markets for commercial applications of their cultural, intellectual, and traditional knowledge.
    [Show full text]
  • "Generic" Trademarks
    Linford: A Linguistic Justification for Protecting "Generic" Trademarks A LINGUISTIC JUSTIFICATION FOR PROTECTING “GENERIC” TRADEMARKS Jake Linford 17 YALE J.L. & TECH. 110 (2015) ABSTRACT A trademark is created when a new meaning is added to an existing word or when a new word is invented in order to identify the source of a product. This Article contends that trademark law fails in critical ways to reflect our knowledge of how words gain or lose meaning over time and how new meanings become part of the public lexicon, a phenomenon commonly referred to as semantic shift. Although trademark law traditionally turns on protecting consumers from confusing ambiguity, some of its doctrines ignore consumer perception in whole or in part. In particular, the doctrine of trademark incapacity—also known as the de facto secondary meaning doctrine—denies trademark protection to a term that was once a generic product designation, even if consumers now see the term primarily as a source-signifying trademark. Analyzing trademark acquisition through the lens of semantic shift sheds light on how the trademark incapacity doctrine misunderstands both the nature of language and the role of consumer perception in shaping trademark’s competition policy. Courts and scholars suggest that a generic term will rarely acquire source significance, and that even if it does, there are competitive, conceptual, and administrative grounds for denying trademark protection. The standard account is Assistant Professor of Law, Florida State University College of Law. My thanks to Jonas Anderson, Lisa Bernstein, Oren Bracha, Margaret Chon, Kevin Collins, Francie Crebs, Rebecca Eisenberg, Deborah Gerhardt, Eric Goldman, Timothy Green, Michael Grynberg, Laura Heymann, Justin Hughes, Steve Johnson, Anna Laakmann, Edward Lee, Wayne Logan, Irina Manta, Jonathan Masur, Mark McKenna, Peter Menell, Joseph Miller, Christina Mulligan, J.
    [Show full text]
  • Markmonitor Brand Protection Datasheet
    DATASHEET MarkMonitor Brand Protection Protect the Brand Equity and Customer Loyalty You’ve Built With millions of dollars invested in brand these growing threats, global enterprises must take development, companies can’t afford to stand by a holistic approach, pursuing multiple, integrated when those brands come under attack. Yet brands strategies to prevent threats from being launched, face a rapidly growing number of online threats detecting them quickly when they do arise, and which severely undermine marketing investments, responding with force to effectively limit damage and putting brand reputation, customer trust and discourage future attacks. revenue at risk. The Industry’s Most Robust Solution The tactics are diverse and widespread, often beginning for Protecting Brand Equity, Revenue when probable fraudsters use trademarks in deceitful and Reputation Online paid search ads, URLs, mobile apps, misleading MarkMonitor Brand Protection preserves key websites and spam email, in order to divert traffic to elements of your brand’s value—customer trust, competing or even illicit sites. Paid search scams as well loyalty, and the reputation on which they depend—by as SEO manipulation tactics enable likely fraudsters to assisting in the elimination of confusing and potentially claim affiliation where none exists or steer consumers fraudulent use of your brand online. Leveraging the to sales of potentially unauthorized or counterfeit industry’s widest access to online data sources and goods. continuously monitoring more digital channels than These online exploits can undo months or years of any other solution, it safeguards brand equity, Web investment in a brand, quickly taking marketing ROI into traffic, marketing investments, revenue and reputation negative territory, siphoning billions in revenues and from unauthorized channels, counterfeit sales, raising warranty, service, and other costs to legitimate cybersquatting, brand impersonation and other online brand owners.
    [Show full text]
  • Brand Protection and Counterfeit Enforcement Overview
    Brand Protection and Counterfeit Enforcement Overview Adduci, Mastriani & Schaumberg, LLP (AMS) utilizes a variety of tools to enforce our clients’ IP rights, including working with the appropriate government agencies, traditional litigation, as well as monitoring, identifying, and seeking take-down of illegitimate product listings and websites. Enforcement following ITC Investigations AMS has extensive experience in enforcement of ITC remedial orders: we guide clients through the enforcement phase following the issuance of an exclusion order, working with U.S. Customs and Border Protection (Customs) to achieve effective strategies to enforce ITC remedial orders and/or to minimize the disruption those orders cause. Our individualized, hands-on approach adapts to the ever-changing legal landscape surrounding enforcement of ITC exclusion orders. We assist IP owners in ensuring that infringing products are excluded from entry into the United States, including seeking formal rulings of infringement from CBP or the ITC, where appropriate. We assist importers in ensuring that non-infringing products are permitted entry into the United States, including seeking rulings by Customs regarding non-infringement of a redesign and/or ensuring that products that are not covered by exclusion orders are permitted entry without disruption of legitimate trade. Brand Protection and IP Enforcement Intellectual property protection and enforcement of brand-name products is increasingly complex as the majority of retail purchasing now takes place online. Manufacturers of counterfeits and deceptive knock-offs exploit algorithms to attract customers with prominent placement in search results or fake websites that are virtually indistinguishable from the real thing. Even the most vigilant IP owners often find themselves struggling to get ahead of a seemingly endless flow of illegitimate products.
    [Show full text]
  • 2019 Special 301 Report
    2019 Special 301 Report APRIL 2019 ACKNOWLEDGEMENTS The Office of the United States Trade Representative (USTR) is responsible for the preparation of this Report. United States Trade Representative Robert Lighthizer gratefully acknowledges the contributions of staff to the writing and production of this Report and extends his thanks to partner agencies, including the following Departments and agencies: State; Treasury; Justice; Agriculture; Commerce, including the International Trade Administration and the Patent and Trademark Office; Labor; Health and Human Services, including the Food and Drug Administration; Homeland Security, including Customs and Border Protection, Immigration and Customs Enforcement, and the National Intellectual Property Rights Coordination Center; and the United States Agency for International Development. USTR also recognizes the contributions of the Office of the Intellectual Property Enforcement Coordinator, as well as those of the United States Copyright Office. In preparing the Report, substantial information was solicited from U.S. embassies around the world, from U.S. Government agencies, and from interested stakeholders. The draft of this Report was developed through the Special 301 Subcommittee of the interagency Trade Policy Staff Committee. TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................................................................. 5 SECTION I: Developments in Intellectual Property Rights Protection, Enforcement, and Related Market
    [Show full text]
  • Medical Cannabis Recreational Cannabis What's Being Patented?
    CBD & Trademarks Lawful Use in Commerce Kieran Doyle- Partner, Cowan, Liebowitz & Latman RADAR DETECTORS; FOR: DETONATING FIREWORKS; FIREWORK FOUNTAINS; FIREWORKS: FIREWORKS IN SHELL FORMS, IN CLASS 13 FOR: LEGAL PROSTITUTION SERVICES IN CLASS 45 CLEAR THE MARK Rely on Common Law Rights State Applications VAPOR ROOM Medical marijuana dispensary Register the Copyright in the Designs Register Around The Edges allbud Providing a website for commercial purposes featuring ratings, reviews, referrals, information and recommendations relating to businesses, service providers, events and products in the medical marijuana industry CBD and Trademarks Brand Protection Strategies for CBD Sarah E. Bro - Partner, McDermott Will & Emery LLP CBD and Trademarks • CBD - short for cannabidiol • One of over 100 cannabinoids found in the hemp plant • CBD, unlike THC, is non-psychoactive CBD and Trademarks • Use of a trademark in commerce must be lawful under federal law to be the basis for federal registration under the U.S. Trademark Act • Cannabis remains a Schedule I controlled substance under the federal Controlled Substances Act (CSA) • U.S. trademark applications listing cannabis-based goods or services must still be refused registration by the United States Patent and Trademark Office (USPTO) CBD and Trademarks • With the passage of the 2018 Farm Bill, the federal government removed “hemp” from the CSA’s definition of marijuana • Cannabis plants and derivatives such as CBD that contain less than 0.3% THC are no longer controlled substances under the
    [Show full text]