Tag Archives: copyright

Cannabis and Intellectual Property: To © or not to ©, and Other Pressing Questions

My contributions will primarily be analysis of different aspects of intellectual property in a market that has decriminalized cannabis while it remains federally illegal.  Can, and more importantly, should a state furnish intellectual property protections when they are unavailable from the federal government?  California’s possible shift from medical cannabis to recreational cannabis raises many questions about commercial and social costs and benefits to affording these protections.  While attorneys and businesses are largely approaching this topic from the perspective of private players,  my goal is to outline not just the various legal challenges and possible solutions to the concerns of cannabis-oriented businesses but, instead, to point out how a state can balance those private interests with public policy, safety, and health concerns.

I am a law student who studied science for my undergraduate degree. I am focusing on intellectual property law with an emphasis on patent prosecution. I am an associate on the Santa Clara High Tech Law Journal, and I have developed a strong interest in the intellectual property challenges presented to emerging markets and businesses.  Because of the politicized nature of these topics I am writing under a pseudonym, Lucilius, who was a friend and correspondent of one of my favorite writers.

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Building Big Marijuana

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Sometime in late 2015, a private equity firm by the name of Privateer Holdings will debut a brand called “Marley Natural” to the legal marijuana industry. Bearing the infamous “Marley” surname, Marley Natural will feature a variety of cannabis products and hopes to quickly become the “Marlboro of marijuana” in an industry that is slowly but surely coming out of the shadows. If you wanted to build a big marijuana company like Marley Natural, how would you do it? My multi-part series will inspect the rise of big marijuana and discuss legal strategy and business ethics on topics including marketing and advertising, intellectual property, investments, taxes, and rising ancillary businesses in the big marijuana market sphere. Along the way I will examine case studies of real marijuana companies that are currently on a quest to dominate the marijuana market as it expands quickly across legal boundaries and into the unknown.

My name is Jeff Madrak. I was born and raised on the East Coast. I came to California to surround myself with sunshine and forward-thinking people. I’m currently a law student where I’m focusing on intellectual property and business law. At my core, I pride myself on being an entrepreneur and I’ve launched and been a part of several start-up companies throughout the last five years. I’ve written business plans for marijuana-related companies and designed strategies to navigate the hostile legal landscape that the grey marijuana market provides. In my spare time I run a company that advocates personal vaporizers for use as a tool to quit smoking and as an alternative to cigarettes. I’m fascinated with the law and how it creates new business opportunities for those who are brave enough to test its limits.