There is a distinct trend toward legalization of marijuana use in some form. The increasingly friendly legal environment for marijuana use has attracted significant business and investor interest in exploiting what promises to be a substantial revenue stream. In addition, electronic cigarettes, cigars and pipes (which can be used for both tobacco and marijuana) have become fashionable and popular. So much so that the Oxford English Dictionary named the verb “vape” as its Word of the Year.
This raises the issue of what type of intellectual property can be used to protect such business interests. To a great extent, IP protection for such business is no different than for any other business. However, the indeterminate state of the legality of marijuana has affected intellectual property law in some unexpected ways.
Current State of the Law
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