Jane Hollywood's guest appearances

Jane Hollywood

The Cannabis Conversation | Medical Cannabis | CBD | Hemp

Jason Mitchell

Catherine Wilson

Matt Brown

Nick Davis

Colin Morgan

Neil Mahapatra

Chris Kelly

Bruce Linton

Steve DeAngelo

Chris Walsh

Alan Brochstein

Montel Williams

Vanmala Subramaniam

Bonni Goldstein

George Kruis

OwlTail

Rob Stephen

How easy is it to protect your ideas in the cannabis industry?This week we are joined by Jane Hollywood (Senior Patent Attorney) and Robert Stephen (Partner) from CMS, International Law Firm. Listen in as we explore intellectual property in the cannabis space, delving into what intellectual property actually is,  which types of protection are available, and how to go about protecting your ideas.Episode SummaryIntellectual property is ‘something you create with your mind’, this could be a story, an artistic work, a poem, a symbol etc.There are a number of different types including registered and unregistered rights, these differ with the type of material you have created. One of the main rights are patents which are registered rights intended to protect technical innovations or new solutions to a technical problem.Plant variety rights are able to protected for new and innovative varieties. Trademarks are also available for products or services which are attributed to a particular seller or retailer. Design rights and trade secrets are also protected. Registered property means you have to make an application with the relevant independent body. Registrations are only given if you meet certain criteria.Copyright is an unregistered right, and is automatically given when you create certain works.Intellectual property rights tend to be national rights, patents are given within certain geographical areas such as Great Britain or Germany. A patent gives the right to exclude, not practice. 18 months after you file a patent application, it is published.Within the cannabis industry, things like breeding and strains are kept as trade secrets.In terms of medical cannabis, products which have specific mentionable and innovative qualities such as a sustained release are able to be patented.It is difficult to patent a naturally occurring plant. Many farmers see patenting certain plants too strict as it makes it difficult to breed other varieties in the future. In the USA, plant patents are available with breeders exemptions. Plant variety rights only protect particular varieties whereas patents provide broader protection. Genetic sequences are not patentable unless there is a utility for it. The IP within the cannabis industry is comparable to the agriculture industry, there are no new developments within the industry regarding things that are ‘patent-able’.It is difficult to gain a trademark across the whole of the US for cannabis-related products. Jane and Rob suggest that if you are a business in the Cannabis space the best way to protect yourself is to first audit your services and/or products, identifying what you are doing differently. From there you need to work out what you have which is protectable and what other people within the niche are doing. There is a lot to be learned from competitors. ResourcesJoin Rob on LinkedIn: https://www.linkedin.com/in/robertjohnstephen/Join Jane on LinkedIn: https://www.linkedin.com/in/jane-hollywood-b3ab9315/CMS Website: https://cms.law/en/gbr/Cannabis and Intellectual Property article from Forbes: https://www.forbes.com/sites/kevinmurphy/2019/09/26/why-building-intellectual-property-in-the-cannabis-industry-is-so-difficult/#6206ae3e1fd

How easy is it to protect your ideas in the cannabis industry?This week we are joined by Jane Hollywood (Senior Patent Attorney) and Robert Stephen (Partner) from CMS, International Law Firm. Listen in as we explore intellectual property in the cannabis space, delving into what intellectual property actually is,  which types of protection are available, and how to go about protecting your ideas.Episode Summary<ul><li>Intellectual property is ‘something you create with your mind’, this could be a story, an artistic work, a poem, a symbol etc.</li><li>There are a number of different types including registered and unregistered rights, these differ with the type of material you have created. One of the main rights are patents which are registered rights intended to protect technical innovations or new solutions to a technical problem.</li><li>Plant variety rights are able to protected for new and innovative varieties. Trademarks are also available for products or services which are attributed to a particular seller or retailer. Design rights and trade secrets are also protected. </li><li>Registered property means you have to make an application with the relevant independent body. Registrations are only given if you meet certain criteria.</li><li>Copyright is an unregistered right, and is automatically given when you create certain works.</li><li>Intellectual property rights tend to be national rights, patents are given within certain geographical areas such as Great Britain or Germany. </li><li>A patent gives the right to exclude, not practice. </li><li>18 months after you file a patent application, it is published.</li><li>Within the cannabis industry, things like breeding and strains are kept as trade secrets.</li><li>In terms of medical cannabis, products which have specific mentionable and innovative qualities such as a sustained release are able to be patented.</li><li>It is difficult to patent a naturally occurring plant. Many farmers see patenting certain plants too strict as it makes it difficult to breed other varieties in the future. </li><li>In the USA, plant patents are available with breeders exemptions. Plant variety rights only protect particular varieties whereas patents provide broader protection. </li><li>Genetic sequences are not patentable unless there is a utility for it. </li><li>The IP within the cannabis industry is comparable to the agriculture industry, there are no new developments within the industry regarding things that are ‘patent-able’.</li><li>It is difficult to gain a trademark across the whole of the US for cannabis-related products. </li><li>Jane and Rob suggest that if you are a business in the Cannabis space the best way to protect yourself is to first audit your services and/or products, identifying what you are doing differently. From there you need to work out what you have which is protectable and what other people within the niche are doing. There is a lot to be learned from competitors. </li></ul>ResourcesJoin Rob on LinkedIn: <a href="https://www.linkedin.com/in/robertjohnstephen/" rel="nofollow" target="_blank">https://www.linkedin.com/in/robertjohnstephen/</a>Join Jane on LinkedIn: <a href="https://www.linkedin.com/in/jane-hollywood-b3ab9315/" rel="nofollow" target="_blank">https://www.linkedin.com/in/jane-hollywood-b3ab9315/</a>CMS Website: <a href="https://cms.law/en/gbr/" rel="nofollow" target="_blank">https://cms.law/en/gbr/</a>Cannabis and Intellectual Property article from Forbes: <a href="https://www.forbes.com/sites/kevinmurphy/2019/09/26/why-building-intellectual-property-in-the-cannabis-industry-is-so-difficult/#6206ae3e1fdc" rel="nofollow" target="_blank">https://www.forbes.com/sites/kevinmurphy/2019/09/26/why-building-intellectual-property-in-the-cannabis-industry-is-so-difficult/#6206ae3e1fd</a>

EPISODE #53 Cannabis and Intellectual Property with Jane Hollywood and Rob Stephen from CMS, International Law Firm