The market needs IP but a patchwork of state regulations makes it particularly difficult.
In markets like technology, the idea of intellectual property is pretty well understood. Create a unique invention, patent it, and then enforce it against anyone who tries to copy you. There is a strong body of case law to back up claims and at this point, many courts are well-versed on the ins and outs of these kinds of patents.
Many players in the cannabis industry are watching this case to get a glimpse of what the future of cannabis IP might look like. The challenge for cannabis entrepreneurs is that cannabis IP needs to be rigid enough to be defensible against infringement, but also flexible enough to be applied across 33 different state regulatory schemes. That’s not easy to balance.
But difficult is not the same thing as impossible. Cannabis companies can work within the patchwork of state regulations, but they have to take some extra steps.
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