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Life Sciences

Texas A&M University School of Law

2020

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How Small Cannabis Businesses Can Survive The Hurdles Of Ip Protection, Spencer Keller Nov 2020

How Small Cannabis Businesses Can Survive The Hurdles Of Ip Protection, Spencer Keller

Texas A&M Law Review

The current state of cannabis and intellectual property laws and regulations leaves small and emerging cannabis businesses at a distinct disadvantage compared to those in other industries. Those wishing to pursue cannabis inventions and patents face an uphill battle as cannabis research and development is nearly impossible to conduct legally. The difficulty in researching cannabis has pushed companies to move their research outside of the United States, leaving those growing businesses unable to corner their market in the cannabis industry. Complicating matters further are the overly broad patents that cannabis patentees are likely receiving as a result of market participants …