An adult might possess and use cannabis in private for private consumption in South Africa. This is according to the South African Constitutional Court ruling in September 2018 wherein it discovered that specific provisions of the Drugs and Drug Trafficking Act and the Medicines and Connected Substances Act infringe upon the proper to Privacy.
Though the industrial sale of cannabis remains illegal in South Africa this playing field seems to be altering quick. Earlier this year the City of Cape Town announced that it will be releasing vacant land for the production of healthcare cannabis and additional analysis is a bold step, anticipating an initial capital investment of more than R600 million for the building of phase one particular with more than a additional R1 billion anticipated by phase two, projected inside the subsequent 4 years.
Current press releases state that a firm, which will generate cannabis on a farm close to Stellenbosch in the Western Cape has been granted a licence by the South African Well being Items Regulatory Authority possessing applied in 2017.
And brand owners are taking note. The possibilities to develop new brands for cannabis-primarily based merchandise seem endless and so also really should the requisite protection of intellectual house protection be in spot in the territories and, in respect of trade marks, classes of relevance.
Canada is the 1st G-7 nation permitting the legal consumption of recreational cannabis possessing passed the Cannabis Act on 21 June 2018 regulating the development, distribution and sale of recreational cannabis in Canada.
The Canadian Trade Mark Workplace is also handling a handful of thousand trade marks covering cannabis. In June 2019, Canada’s requirement to prove “use” to register a trade mark was removed and it is probably that the workplace is experiencing a flurry.
Though the USA nonetheless regards the use and sale of cannabis as illegal below Federal Law, with nine states and Washington DC permitting the recreational use of cannabis, absolute prohibition in these states has efficiently stopped. Advantages shown by the use of healthcare marijuana is a substantial contributor to this alter.
Regardless of the Territory, two principles really should be kept in thoughts when deciding on a trade mark:
- The trade mark really should not be contrary to public policy (contra bonos mores) or probably to give offence to any class of persons and
- A trade mark really should not be descriptive of the sort of top quality or other traits of the item.