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How Small Cannabis Businesses Can Survive The Hurdles Of Ip Protection, Spencer Keller
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 …
Intellectual Property's First Sale Doctrine And The Policy Against Restraints On Alienation, Lorie M. Graham, Stephen M. Mcjohn
Intellectual Property's First Sale Doctrine And The Policy Against Restraints On Alienation, Lorie M. Graham, Stephen M. Mcjohn
Texas A&M Law Review
The first sale doctrine decouples intellectual property and physical property. Suppose, at an auction at Sotheby’s, someone bought a contemporary painting by Chuck Close. The buyer now owns the physical painting, but the copyright to the painting remains with the owner of the copyright—the painter Chuck Close or whomever Close may have transferred the copyright to. Absent the first sale doctrine, if the buyer either sold the painting or displayed it to the public, the buyer would potentially infringe the copyright in the painting. The copyright owner has the exclusive right to display copies (including the original, the first copy) …