BCBusiness

T he impending legalization of cannabis for recreational use is galvanizing entrepreneurs who envision its enormous retail potential. But bona de medical research into the more than 150 components of the plant promises to have a far greater impact in the treatment of various conditions and diseases including chronic and neuro- pathic pain and for spasticity due to multiple sclerosis or epilepsy. In fact, Jennifer Marles, part- ner with Oyen Wiggs Green & Mutala LLP, calls the burgeon- ing medical marijuana industry "nothing short of a gold rush, as researchers and pharmaceuti- cal companies come closer to achieving breakthroughs in the formulation of drugs and deliv- ery methods. Certainly with pain management, there is tremen- dous hope that some components of cannabis may one day replace opioids." Major law rms are bracing themselves for an onslaught of medical professionals seeking legal services, and Oyen Wiggs is already elding inquiries from researchers seeking protection for the work they are undertak- ing. "While we're also involved in securing trademarks to protect brands, most of our work is focused on patents," says Marles. Ironically, Ottawa's mandate to legalize pot may cause the phones to ring even more consis- tently in the near future. "That's because nobody knows exactly how things will play out, and the regulations concerning handling, sourcing and other matters may become even more complicated than they are now," says Marles. Only one thing is certain: law rms that specialize in intel- lectual property such as Oyen Wiggs are well equipped to protect the best interests of legiti- mate medical researchers. Oyen Wiggs lawyers have experience in all areas of patent law, includ- ing prosecuting patent applica- tions, conducting patentability and freedom-to-operate searches, impeachment and re-exami- nation proceedings, appeals of refused patent applications to the Patent Appeal Board, transac- tions and licensing, and litigating patent infringement issues. Since opening for business in 1977, Oyen Wiggs has assisted businesses and entrepreneurs operating at the forefront of innovation in a wide variety of sectors, including the oil patch and high technology. But the patents it has secured have covered inventions such as oil and gas recovery technology and medical devices; how can this apply to a plant? The simple answer is it can't. "You can't patent the com- ponents of the cannabis plant because they already exist," says Marles. "You can, however, pat- ent the processes used to derive formulas from the components as well as delivery methods," she adds. "Or, if you discover that a component is effective in the treatment of a certain disorder, you can patent that." Marles and her team are even prepared, if the circumstances warrant, to patent modied cells that are produced by the genetic engineering of the cannabis plant. Of course, if one considers the example of Shoppers Drug Mart looking to hire a brand manager for medical marijuana in Toronto (even though the chain is not currently approved by Health Canada to distribute the drug), there are many other aspects of pot legalization that will require businesses to seek legal advice. "The eld is getting crowded and very intricate," says Marles. "But we're here to help." + Oyen Wiggs green & Mutala llp Legalization's Next Phase Pot producers are scrambling to protect their IP. Oyen Wiggs partner Jennifer Marles shows them how Created by BCBusiness in partnership with Oyen Wiggs Green & Mutala LLP What's happening in the cannabis industry is "nothing short of a gold rush," says lawyer Jennifer Marles of Oyen Wiggs

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