Posted on

Investing in Marijuana Businesses Abroad

International CannabisThis post is a follow-up to one I wrote a year ago about foreigners investing in U.S. marijuana businesses. What are the legal ramifications of the reverse? If marijuana business is fully legal in a foreign jurisdiction (think Uruguay or Canada in the near future), can a U.S. resident contribute cash in exchange for stock of a company that cultivates and sells marijuana in that jurisdiction? This is timely because Constellation Brands, the New York-headquartered owner of Corona beer and other holdings in the alcohol industry, agreed to buy a significant stake in Canopy Growth Corporation, a Canadian publicly traded cannabis cultivation company. Are they breaking the law? It’s not as simple a question as one might think.

Reuters ran a story on this topic a few years ago. In that piece, the DEA spokesperson and a financial institution money laundering risk specialist respectively implied and stated outright that such activity violated U.S. law. The DEA spokesperson said that the DEA would be “most interested in those types of activities.”

To our knowledge, the U.S. has never brought charges against a U.S. investor in these limited circumstances, so we don’t have any case law directly on point. But we can review the primary statutes that cannabis investors should be worried about —the Controlled Substances Act and the criminal money laundering statutes.

It is a general rule in the U.S., as stated in 2016 by the Supreme Court in RJR Nabisco Inc. v. European Cmty, that without “clearly expressed congressional intent to the contrary, federal laws will be construed to have only domestic application.” This means statutes that are silent on where they have effect will generally be interpreted as applying only to activities in the United States. And the U.S. does have laws on the books that are intended to be applied outside the United States. For example, the Controlled Substances Import and Export Act (21 U.S.C. § 959) outlaws possession of controlled substances overseas with the intent to import them into the United States. That’s one of the statutes that the U.S. used, for example, to go after Manual Noriega in the 1990s. To be clear, this statute wouldn’t apply to Canadian operations that have no intent to export marijuana to the United States and intend to only sell it within the Canadian regulated market.

Reading the text of the domestic Controlled Substances Act (21 U.S.C. § 821), there isn’t any clear indication that it is intended to apply to overseas conduct.  And in practice, we haven’t seen the United States try to claim that residents who travel to Amsterdam and use marijuana there have violated U.S. law. To the extent that the same statute exists for both possession of narcotics and manufacture of narcotics, it doesn’t look like extraterritorial application would apply.

Money laundering laws, however, are interpreted as having broad extraterritorial reach. So are U.S. investors in Canadian marijuana businesses in danger of violating those laws? 18 U.S.C. § 1957 makes it criminal for someone to knowingly engage or attempt to engage in a monetary transaction in criminally derived property of a value greater than $10,000 when such property is derived from “specified unlawful activity.” This law applies even if the offense takes place outside the United States if it involves a U.S. person or business entity formed in the U.S. “Specified unlawful activity” includes a laundry list of crimes, including violations of the Controlled Substances Act. So that doesn’t look great.

But here’s the thing — if the domestic Controlled Substances doesn’t apply because it only applies in the U.S., and if the Controlled Substances Import and Export Act doesn’t apply because there is no intention to send marijuana product to the United States, then a reasonable argument would be that the business of a Canadian licensed marijuana company would not constitute “specified unlawful activity.” And the money laundering law wouldn’t apply.

Therefore, Constellation Brands has a solid argument that it isn’t violating U.S. law by making an investment into the Canadian marijuana industry. There a bunch of caveats here, and there’s no way for a blog post to have a full legal analysis, and the DEA may well disagree with this interpretation even if it were an airtight legal analysis. Most U.S. banks will still shy away from offering any services connected with marijuana businesses even in countries that have legalized completely, including Uruguay. But at the end of the day, prosecutors would have an uphill climb if they truly wanted to go after a U.S. resident for investing in a foreign marijuana business that intends to serve that foreign market and is fully compliant with the laws of that nation.

Posted on

Canada Cannabis Update

Canada_-_Cannabis_Day_Marijuana_Party_2014_@_Art_Gallery_14533449166-213x320.jpg

It has been a while since we looked at how our good neighbors to the north have been doing with their legalization effort. Uruguay is still the only country to implement a nation-wide legalization system including legalized sales, but it has run into some implementation problems because of lack of access to the American financial system. Canada has a stronger domestic financial industry than Uruguay and both the Bank of Montreal and Toronto –Dominion Bank, among others, appear to have more tolerance for the marijuana industry. But as has been reported over the last couple of weeks, things have not been simple in Canada, where the government has announced that it plans to legalize marijuana by July 2018.

In the United States, most state legalization measures have occurred through ballot measures as opposed to through legislative processes. That approach comes with both pros and cons. On one hand, a ballot measure process can occur relatively quickly. An initiative is drafted by a campaign using whatever stakeholders the campaign wants to assist in drafting, the campaign goes out to get sufficient signatures to put the initiative on a ballot, people campaign for and against the measure, and the people all vote on the measure on a pre-determined date. Once you get past the initial drafting stage, there isn’t much in the way of horse-trading. The measure is what it is. The legislative process, on the other hand, is a never-ending process of starts and stops. Legislation can be drafted, amended, put forth for debate, and withdrawn countless times before it ever gets voted on.

Many stakeholders in Canada have been voicing their concerns about Canada’s proposed legislation. As it stands, the law would give significant authority to individual provinces to develop and implement distribution networks. But many of the provinces have viewed that grant of authority primarily as an additional cost burden. So, Prime Minister Trudeau’s government moved to increase local revenues by adding a 10 percent excise tax. Though this isn’t enough to stop the Premiers from Manitoba, Quebec, and Nova Scotia from grousing that the revenues won’t be very high, it is a push in their direction.

One interesting wrinkle in Canada is the level of potential government involvement in cannabis sales. Ontario, Alberta, and Quebec are all looking at publicly participating directly in the retail system. Ontario plans to open 40 stores through its Liquor Control Board by next summer. This hasn’t been met with enthusiasm by local consumers, who fear government involvement will lead to inferior product on store shelves. Other commentators and industry watchers fear public cannabis monopolies in Alberta and Ontario will open the door to continued illegal market activity.

But as we have seen across the United States, opening a legal marketplace takes a long time and it seems unlikely that by July 2018 Canada will be bustling with open marijuana retail stores packed with product, whether government-owned or privately owned. It looks like the liberal government is moving forward with full steam, but there will continue to be fits and starts along the way before the Canadian market is close to being settled. But on the bright side, even if local retail marijuana isn’t available, Canada Post, the Canadian version of the U.S. Post Office, is going to start delivering recreational marijuana through the mail as soon as legalization moves forward. Maybe physical retail marijuana’s main fear shouldn’t be government regulation — it should be mail-based competition.

Posted on

Regulating Ganja: Our Report on Jamaica Hashish

IMG_5447-740x651.png

Over the weekend, I attended CanEx Jamaica in Montego Bay. The occasion targeted on the enterprise and coverage of hashish in Jamaica and overseas. Jamaica decriminalized hashish in 2015, imposing a advantageous for possession of lower than two ounces of hashish relatively than attainable jail time. Jamaica additionally has legalized hashish for medical use, however continues to be within the strategy of implementing a regulated program.

Jamaica is dealing with challenges in regulating a plant that has lengthy been celebrated in Jamaican tradition regardless of authorized prohibition. Ganja, as it’s recognized on the Island, has deep cultural and non secular significance. It’s a sacred herb within the Rastafarian faith. Its spiritual and leisure use on the island has been widespread for years. Consequently, many Jamaicans will not be enthusiastic about it being regulated. I went to this occasion for 2 causes. One, as a result of Hilary Bricken, our lead hashish lawyer out of our Los Angeles workplace can be talking there. And two, as a result of our hashish apply has all the time been a world one, and that has been accelerating in the previous few months as Barcelona, Spain, (the place we’ve an workplace) continues to liberalize.

Dr. Jalani Adwin Niaah, a professor on the College of the West Indies at Mona and Rastafarian, gave a presentation on Rastafarian Allotting and Advocacy. He famous an elevated curiosity in ganja from native enterprise leaders after it was decriminalized. He fears although that commercialization of Jamaica’s medical hashish will depart Rastafarians behind and hashish as a sacrament will turn into marginalized. Dr. Niaah instructed Rastafarian’s internet hosting “herb camps” the place they might develop and dispense ganja for spiritual functions whereas additionally offering steerage to Jamaicans and guests who need to use ganja for therapeutic and wellness. Dr. Niaah proposed these camps would give Rastafarians a spot in Jamaica’s regulated hashish market. Jamaican regulation permits hashish for spiritual functions, however it isn’t clear these types of camps would qualify underneath this exemption.


Hilary Bricken hosts a panel on Hashish Coverage in Jamaica.

Hilary Bricken from our workplace moderated a panel on hashish coverage that included Florida lawyer Michael Minardi, entrepreneur Sidney Himmel, Dr. Lorenzo Gordon of Jamaica’s Ministry of Well being, and Greg Douglas, CEO of Jamaica’s Hashish Licensing Authority.

Dr. Gordon and Mr. Douglas offered perception into the challenges Jamaica faces as two of its regulatory our bodies work collectively to determine Jamaica’s medical hashish scheme. The Ministry of Well being regulates hashish processing, strains, and merchandise. It appears on the scientific aspect of hashish, learning the share of CBD and THC in every pressure. This Ministry additionally requires a microbiological evaluation of every product and supplies coaching for physicians who want to advocate hashish. The Hashish Licensing Authority focuses on location, safety, and cultivation. Because the title suggests, it additionally will ultimately present licenses to cultivators and dispensaries.

Mr. Douglas expressed the necessity for the 2 businesses to work collectively to ship a unified message and supply a constant course of for candidates hoping to acquire a hashish license. He additionally acknowledged the significance of hashish in Jamaica saying “in Jamaica, ganja is cultural, not only a matter of cash.” Mr. Douglas maintains that the emotional impression of ganja in Jamaica have to be taken under consideration in making a regulated business.

The elephant within the room was the influence United States Authorities coverage has had and can proceed to have on Jamaica’s hashish regime, particularly contemplating the Trump administration has been hostile to hashish. Each Jamaica and the US have entered into treaties prohibiting the manufacture and distribution of hashish and different medicine. The US wields vital affect over worldwide commerce and will drive its will on a small nation like Jamaica. At one level within the panel discussions, Hilary requested whether or not Jamaican authorities officers see the US as a bully. Each Jamaican officers gave diplomatic solutions, acknowledging they’re conscious of the United State’s place on the topic and the way it’s essential to “contemplate” the worldwide setting when implementing Jamaica’s regulatory regime.

Although over half the states within the US have legalized medical hashish and eights states (plus Washington DC) permit hashish for leisure use, america continues to be seen internationally as considerably of a drug regulation dinosaur with sharp tooth. Most of the audio system and attendees talked of how Canada and Israel (and to a lesser extent Uruguay and Spain) are mannequin nations for hashish analysis and coverage. Dr. Gordon said he hoped Jamaica could possibly be a world chief in hashish as properly. See Marijuana Legalization: The Worldwide Version

 As well as to Hilary’s panel, CanEx hosted Montel Williams for a keynote handle, held a job truthful for people thinking about working in hashish and hosted quite a few different panel discussions on subjects like “Ladies in Hashish”, “Finance and Commerce”, and “Arts and Leisure.” The occasion was properly attended and really informative. In case you remorse lacking it this yr, I extremely advocate attending in 2018.

Nice locale and nice audio system. What extra might you need?


Daniel Shortt and Hilary Bricken at CanEx Jamaica.
Posted on

CanEx Jamaica and Worldwide Hashish

19-597-1024-l9i-740x448.jpg

On September 1st, I’ll be becoming a member of Hilary Bricken in Montego Bay for the CanEx Jamaica Enterprise Convention and Expo. This two-day occasion contains a convention on day one and a job expo on day two. Hilary will converse on the convention alongside hashish entrepreneurs, docs, and fellow hashish business leaders, together with Montel Williams, an outspoken advocate for medical hashish. CanEx will join professionals throughout the Caribbean, Latin America, Europe, and North America occupied with alternatives and developments within the hashish business.

Jamaica is a becoming locale as hashish has performed a big position in its historical past and tradition. Beginning in 1655, Jamaicans have been topic to slavery underneath British rule till an abolitionist rebellion ended the apply in 1838. The top of slavery created a requirement for labor on the island. Staff from India traveled to Jamaica and introduced the hashish plant with them. Linguistic students decided that the time period “ganja” is rooted in Hindi. Hashish shortly unfold across the Island because the Jamaican local weather is right for hashish progress, permitting a number of harvests in a given yr. Hashish use turned a tenet of the Rastafarian faith which emerged within the 1930s and rose to prominence in Jamaica.

Regardless of cultural associations with hashish, Jamaica outlawed hashish by passing the Ganja Regulation of 1913. Jamaica’s authorities pushed again towards its worldwide fame as a pot-friendly nation by strictly implementing hashish prohibition till lately. However Jamaica’s angle modified in 2015 when Jamaica decriminalized marijuana. Jamaica then legalized medical hashish the next yr.

CanEx Jamaica displays an rising curiosity in hashish on a worldwide scale. America has taken a lot of the media highlight relating to hashish reform, however it is very important understand that the push for legalization extends far past US borders. It’s really a worldwide motion and my agency’s worldwide attorneys are continuously answering inquiries from enterprise individuals from around the globe focused on hashish throughout the globe. Our legal professionals in our Spain workplace typically symbolize overseas companies that need to broaden to Spain and Spanish and Catalon companies that need to increase past Spain. Nations like Australia, Bangladesh, Cambodia, Canada, Chile, Colombia, Costa Rica, the Czech Republic, Germany, India, Israel, Jamaica, Mexico, the Netherlands, Portugal, South Africa, Spain, and Uruguay have all legalized hashish to a point. Israel has lengthy been a pacesetter in researching medical hashish and has its personal strong medical program. Canada has begun the method of legalizing leisure hashish throughout the nation and Uruguay has already finished simply that. A world hashish market is shortly creating as extra hashish companies look to take their experience past their very own borders. CanEx is a superb alternative for entrepreneurs from the world over to satisfy and join the rising market and we hope to see you there.

You’ll find extra info on worldwide hashish on the next publish.

 

Posted on

Catalonia Spain Legalizes Hashish

810px-Flag_of_Catalonia.svg_-320x213.png

The Parliament of Catalonia simply accredited by a 118 to 9 vote a brand new regulation that (Ley de asociaciones de consumidoras de hashish) that establishes authorized requirements for hashish golf equipment. Up till now, hashish golf equipment in Catalonia have been protected solely by municipal laws they usually need to a big extent been working in authorized limbo. This new regulation provides higher authorized certainty to Catalonian hashish golf equipment.

The regulation might nonetheless face authorized challenges by Spain’s central authorities in Madrid or in entrance of Spain’s Constitutional Courtroom, however for now it’s the regulation of the land for Catalonia (which consists of 4 provinces: Barcelona, Girona, Lleida, and Tarragona. The regulation is meant to regulate leisure and therapeutic makes use of of hashish as a method to enhance public well being requirements, whereas additionally curbing the unlawful market and hashish tourism. Listed here are a number of the new legal guidelines key factors:

  • The regulation will regulate the consumption, cultivation, and transportation of hashish.
  • The hashish golf equipment have to be self-sustaining non-profit associations.
  • The regulation will impose necessities on how, who, and by what means hashish may be delivered to a hashish affiliation.
  • To fight “hashish tourism,” members of hashish golf equipment should wait 15 days after becoming a member of an affiliation to acquire hashish.
  • The regulation will set up limits on promoting.
  • Hashish golf equipment might not promote alcohol, cannabis-infused meals, or another drug.

Catalonia’s new hashish regulation additionally imposes the next limits, however not for these using hashish for therapeutic functions:

  • You have to be 18 years or older to hitch a hashish membership.
  • Hashish membership members between the ages of 18 to 20 years previous can be restricted to acquiring 20 grams of hashish per 30 days.
  • Hashish membership members 21 years previous and above are restricted to 60 grams of marijuana per 30 days.
  • The portions of hashish allotted to membership members have to be precisely logged in a ledger.
  • Every hashish non-profit affiliation can produce not more than 150 kilograms of hashish per yr.

For extra of our articles on hashish in Spain (written principally by our legal professionals in Barcelona) go right here.

 

Posted on

ICYMI: Canada Drops Marijuana Legalization Payments

Canada_flag_map.svg_-320x271.png

Making good on Prime Minister Justin Trudeau’s 2015 marketing campaign guarantees, Canada’s Liberal Social gathering-led authorities final week introduced a set of payments to legalize leisure marijuana use all through Canada. Additionally final week, I used to be on “To the Level” with Warren Olney to attempt to reply two massive questions relating to Canada’s legalization plans: How will Canada legalize and what influence will which have on america?

First although, some historical past.

Canada already has legalized medical marijuana and its manufacturing, together with manufacturing of “non-dried marijuana,” and a few of its present producers, corresponding to Tweed and Tilray, are well-recognized manufacturers each inside and out of doors Canada. What’s little recognized about Canada’s medical hashish regime, nevertheless, is that Canada by no means legalized medical marijuana distribution or dispensaries; Canadian medical marijuana sufferers order and obtain their medical marijuana via Canada’s mailing system. Regardless of dispensaries being unlawful, many function comparatively freely because of native regulation enforcement tolerance in sure Provinces. All of that may change when Canada legalizes marijuana, and the pending legalization payments are extensively anticipated to move.

With a desired aim of July 1, 2018 to get legalization off the bottom, Canada is nothing if not formidable. The legalization payments include many fascinating restrictions and requirements, together with the next:

  • The authorized age to buy as much as an oz of marijuana will probably be 18, however the Provinces are free to set larger age limits.
  • People 18 and older can develop as much as 4 crops per family for private use.
  • Vacationers can’t deliver hashish into Canada, however they will buy and use it whereas there.
  • The provinces will virtually solely regulate retail and marijuana distribution, in addition to the retail worth of marijuana. They will even personal their very own retail institutions if they want.
  • Provinces will have the ability to determine whether or not alcohol and marijuana may be bought on the similar retail location.
  • In response to the federal authorities’s personal press launch, “these jurisdictions that haven’t put in place a regulated retail framework, people would be capable of buy hashish on-line from a federally licensed producer with safe residence supply by way of the mail or by courier.”
  • Marijuana merchandising machines and self-service shows are banned.
  • The federal authorities will regulate marijuana producers.
  • Promoting, promotions, and advertising can’t attraction to youngsters and they are going to be closely regulated by the federal authorities, together with the potential of no branding in any respect on the manufacturing aspect.
  • Laws relating to packaging and labeling are mandated, however they must be debated by authorities first.
  • No federal taxes or licensing charges are contained within the payments.
  • Hashish can’t be used to infuse alcohol, nicotine, or caffeine and vice-versa.
  • Greater than 2 nanograms of lively THC within the blood is a felony driving offense punishable with a high quality and the presence of greater than 5 nanograms is a extra critical offense, and officers will check driving impairment through the use of “fluid” samples, together with saliva and blood samples.

As these hashish payments make their means by means of Canada’s Parliament, there’ll little question be strong debates amongst lawmakers and regulators on every part from efficiency limitations to the sorts of hashish merchandise that shall be obtainable to high quality assurance testing necessities. One of the crucial grueling debates will probably be over whether or not the Provinces ought to be those operating all marijuana retail institutions.

Up to now, the U.S. solely has one city-owned marijuana retail retailer. For sure, the thought of presidency owned and distributed marijuana hasn’t taken off within the U.S., each as a result of it’s nonetheless federally unlawful right here and since we merely don’t have a practice of presidency possession of something retail. So even when Canada does embrace a “authorities weed” mannequin, it’s unlikely it will trigger the U.S. to affect our personal state-by-state legalization scheme with personal marijuana markets.

Posted on

The Hashish Counterfeit Battle Has Begun

SharpieVsShoupie-320x240.jpg


There are numerous fakes on the market, within the hashish business too.

As we’ve beforehand written, my regulation agency, which does appreciable worldwide commerce and China regulation work along with our regulated substances follow, has on all fronts been getting an inflow of shoppers complaining about counterfeit hashish items and in search of our assist in coping with the issue. The issue of counterfeit items within the hashish business has solely continued to develop during the last yr.

I used to be interviewed earlier this yr concerning the lawsuits introduced by Roor pipes towards almost 200 smoke outlets and comfort shops, alleging these shops are promoting counterfeit Roor bongs in violation of Roor’s U.S. federal trademark registration. Although these lawsuits could also be on unsure floor from a federal trademark regulation perspective, Grenco Science, maker of the G-Pen model vaporizer, just lately discovered success in federal courtroom towards counterfeiters.

Earlier this yr, Grenco sued greater than 65 totally different on-line retailers for promoting counterfeit G-Pen merchandise. A lot of the offending corporations have been based mostly in China, which is in line with nearly all of the counterfeit instances my agency handles. A number of the lawsuits settled out of courtroom, however most of the Chinese language corporations failed to answer Grenco’s complaints filed in courtroom – additionally a standard prevalence when making an attempt to pin down a Chinese language firm in U.S. courtroom. In mild of this, a federal decide in Illinois granted Grenco $47 million in damages, which equates to $1 million from every of the 47 corporations discovered to have infringed Grenco’s federal logos, in addition to injunctions towards every of the businesses ordering them to stop gross sales of the counterfeit items.

In fact, getting a judgment towards a Chinese language firm for trademark infringement is just half the battle – Accumulating on these judgments is one other matter. Oftentimes, U.S. judgments towards Chinese language corporations are value little or no. A U.S. judgment towards a Chinese language firm can result in assortment, however for that to happen, one should know concerning the operations of the Chinese language firm and one have to be ready to be legally artistic in determining how and the place to behave in utilizing the U.S. judgment to go after the Chinese language firm’s belongings.  We’ve written extensively about this course of on our agency’s China Regulation Weblog, and you may learn extra about it right here and right here.

Given the problem in implementing these judgments it’s crucial that you simply as a enterprise proprietor take preventative steps to beat back counterfeiters, and to know what to do within the unlucky occasion somebody does counterfeit one among your items. And as we inform all our shoppers: investing in these preventative steps now’s all the time approach inexpensive than preventing a authorized battle (and making an attempt to implement a judgment) in courtroom down the street.

So what preventative steps ought to hashish companies take to deal with counterfeiting? Prevention hinges on first figuring out your mental property (IP), figuring out what classes it falls into, after which defending it accordingly within the related jurisdictions. The design of a novel system like a water pipe, for instance, could possibly be topic to patent safety. Although we’ve blogged extensively concerning the problem in acquiring federal hashish logos, federal patent regulation doesn’t include the identical “authorized use in commerce” requirement, or a prohibition on “immoral or scandalous” matter. A patent is the grant of a property proper to the inventor, issued by the USA Patent and Trademark Workplace (USPTO), and this property proper provides the inventor “the fitting to exclude others from making, utilizing, providing on the market, or promoting the invention in the USA or importing the invention into the USA.” Patents are sometimes probably the most highly effective device in preventing counterfeit items.

Patent infringement isn’t the one means counterfeiters can rip off merchandise. Oftentimes, when speaking about counterfeits, we’re speaking about trademark infringement (as within the G-Pen and Roor instances) relatively than patent infringement. A counterfeiter might, for instance, slap your emblem on its vape pen, exploiting the goodwill and notoriety you’ve established by way of your model. In fact, one of the simplest ways to stop trademark infringement is to register your trademark with the USPTO. Although it isn’t attainable to acquire a federal trademark to be used on items that violate the Managed Substances Act (CSA), it’s typically attainable to acquire trademark safety for items that don’t violate the CSA, like many people who smoke’ equipment. A trademark provides the proprietor the unique proper to make use of their mark on the required items in commerce, and it provides the proprietor a proper to hunt treatment in federal courtroom within the occasion of infringement.

In case you are having your merchandise manufactured in China (or anyplace else abroad), as is the case today with so lots of our shoppers, it’s essential to shield your IP there as properly. As a result of in the event you don’t register your trademark or your design patent in China, another person virtually definitely will after which that another person will have the ability to cease your merchandise from leaving China as a result of these merchandise violate their mental property! For extra on this, take a look at China: Do Simply ONE Factor: Register Your Logos AND Your Design Patents, Half 1 and China: Do Simply ONE Factor: Register Your Logos AND Your Design Patents, Half 2. You also needs to take a look at Your China Manufacturing unit as your Hardest Competitor for the contractual steps it is advisable take to stop your personal producer in China from promoting your product worldwide, and certain at costs far decrease than you possibly can ever match.

However logistically, how does implementing your IP rights towards counterfeiters play out? Sometimes, it doesn’t make sense to take the alleged infringer straight to courtroom. Litigation is dear, and there’s typically room to barter. When you understand who the infringing get together is, your lawyer can contact them with a stop and desist letter instantly. However when the celebration is, for instance, a 3rd social gathering vendor on a bigger platform like Amazon or Alibaba, monitoring down the infringer is far more troublesome. See additionally China Counterfeiting: eight Widespread Myths and Alibaba and Small Enterprise House owners.

The protocol for coping with on-line retail platforms in taking down counterfeit items will range relying on the corporate. With each on-line retail platform with which our legal professionals have labored (be they in the USA or in China), the method is expedited tremendously when our shopper alleging a counterfeit is ready to supply up proof of its personal IP rights. That is notably true with logos, the place infringement is usually obvious, and the retail platform can shortly determine to droop a counterfeiter’s account. With out verifiable IP rights, the retail platform is put in a troublesome place of getting to determine who has the fitting to promote what. This includes difficult authorized evaluation, and takes substantial time and assets, in addition to back-and-forth with each events. Within the meantime, you’re possible dropping enterprise. See How To Take away Counterfeits From Alibaba.

So the lesson right here is two-fold. First, ensure you’ve recognized your mental property and that you simply’ve taken each step attainable to register and shield it. Second, for those who suspect an organization is promoting a counterfeit of your product, contact your lawyer instantly and develop a technique for blocking the counterfeit gross sales, whether or not by way of direct communication with the counterfeiter, or by working with the related on-line retail platform. There’s typically a lot that may be completed to cease a counterfeiter earlier than resorting to submitting a lawsuit, and ending up with probably un-collectable judgment.

Posted on

Marijuana Coverage in East Asia

senso-ji-temple-1437677_1280-301x320.jpg

I’ve been touring for the previous couple of weeks in Japan and Taiwan, so I assumed I’d write a quick publish about hashish in East Asia. Along with having a hashish enterprise follow, our agency’s different primary focus is on worldwide enterprise — we’ve legal professionals in Beijing and in Barcelona — so East Asian marijuana companies would match properly into our area of interest practices.

The issue is that hashish legalization nonetheless appears a great distance off in these nations. Anecdotal info isn’t tremendous useful, however I used to be actually struck in Japan by how strongly most individuals I talked to felt about marijuana remaining unlawful. It felt just like the angle of the Simply Say No marketing campaign of the 1980s and 1990s has absolutely seeped into the tradition. There appears to be a sense that marijuana is a drug and medicines are dangerous and that marijuana is clearly very totally different from alcohol and tobacco. Just like the USA there’s additionally a felony argument. Individuals within the U.S. are sometimes informed that in case you purchase on the black market, your cash will in all probability find yourself within the arms of the Mexican cartels. In Japan, they are saying the identical factor, however it’s the yakuza (Japanese organized crime) who’re the bogeymen.

A number of months in the past, a former actress, Saya Takagi, was indicted for possession of marijuana when authorities in Okinawa discovered 55 grams of marijuana within the house she shares with two housemates. Earlier than her arrest, Takagi has been a medical marijuana activist in Japan and had run for the legislature on a medical marijuana platform, however gained comparatively little help. In a tragic story, Japanese authorities went as far as to arrest a person for utilizing medical marijuana to assist alleviate signs of liver most cancers. That man, Masamitsu Yamamoto, died of liver failure whereas his legal trial for possession was ongoing. Regardless of all of that, cultural attitudes appear cemented in place.

The kind of rhetoric I heard about marijuana in Japan was equally said by Taiwanese and Chinese language individuals I spoke with as properly. Many individuals in China assume that if one thing is said to medicine, the triads (Chinese language organized crime) are concerned.

In looking for one thing to tie collectively why attitudes towards marijuana are so hostile, probably the most obvious risk is China’s sordid historical past with opium. Within the mid nineteenth century, the Qing dynasty in China fought two wars with the UK, the First Opium Conflict and the Second Opium Struggle. In these wars, the British fought for, amongst different issues, the best to proceed promoting opium into China, the place an enormous habit drawback had been creating all through the nineteenth century. The British have been profitable in these wars regardless of being outmanned, and the wars ended, particularly the First Opium Struggle, with treaties being signed that have been closely in the UK’s favor (China gave up Hong Kong within the first one). China was principally pressured to maintain opium authorized and permit the British to generate income off of its addicted residents, which had a devastating impact in China. Opium particularly, and medicines usually, at the moment are tied within the cultural reminiscence to the humiliation of those wars (although the British come off as worse actors traditionally).

That is all with out mentioning the effectiveness of america as a world drug management ambassador. The U.S. tied all types of improvement funds and different financial relations to harsh, U.S. type drug criminalization all through the 20th century. In most of the nations that we had relationships with, the diplomacy labored, and medicines have been portrayed as one of many biggest evils in society.

All through East Asia, there’s a widely-held deep-seeded perception that medicine are dangerous and have harmed society up to now. In the USA, many individuals really feel the identical approach, however we’re largely eradicating marijuana from the bigger umbrella of “medicine” within the tradition. That separation is just not occurring proper now in East Asia, and it might not occur for a very long time. In the USA, it’s simpler for concepts which are outdoors the mainstream to discover a footing due to our means to take care of a counterculture. Then, social modifications can seep from the counterculture into the mainstream. Asian nations are typically a bit extra homogenous in these attitudes, so modifications in concepts have a harder time gaining preliminary footing. Nonetheless, you’re beginning to see just a little extra activism in East Asia devoted towards legalization, so we may even see some modifications over time. However I wouldn’t anticipate it any time quickly.

Posted on

Spannabis 2017 and What I Discovered About Barcelona’s and Spain’s Marijuana Market

barcelona-collage-320x320.jpg

I spent final weekend in Barcelona attending Spannabis. Our Barcelona legal professionals continuously get inquiries from critical worldwide businesspeople wanting to start out a hashish social membership or another kind of hashish enterprise in Spain. And with greater than 200 medical marijuana social golf equipment in Barcelona alone, I needed to go there to satisfy with key business gamers to study extra about what’s going on with marijuana in Catalonia’s capital metropolis and in the remainder of Spain.

Barcelona and medical marijuana felt to me like some mixture of California, Oregon, and Washington seven years in the past. Specifically, it looks like an unregulated, quasi-commercial grey market chalk filled with “collective” non-profits and rotating affected person members, unclear legal guidelines and inconsistent enforcement of these legal guidelines. For a breakdown on the present medical marijuana legal guidelines in Spain and in Barcelona, go right here. This unclear and pioneer environment was additionally in full pressure at Spannabis, which was in lots of respects identical to just about each different marijuana commerce present/expo I’ve attended in the USA: mild on critical schooling about marijuana legal guidelines and laws and heavy on selling marijuana consumption and on looking for to protect the counter-culture. However with hashish cups and consuming occasions dwindling within the U.S. from growing state marijuana laws, I might be remiss if I didn’t point out how the Spannabis fairgrounds managed to take care of a gentle cloud of overhanging marijuana smoke from its greater than three,000 attendees who brazenly and persistently consumed regardless of the presence of regulation enforcement.

Spannabis had solely a single panel on the legality and guidelines surrounding Barcelona’s (principally medical) marijuana social golf equipment and the panelist gave little element or rationalization concerning the regulation that permits hashish golf equipment to function. That panel was made up of 1 legal protection lawyer telling attendees concerning the nationwide and native authorities’s conflicting coverage positions on well being and regulation enforcement and the rights of people to eat hashish for medical use. For sure, since our hashish legal professionals characterize the enterprise aspect, I didn’t this panel very useful. Extra importantly, this panel served as simply one other indication that Barcelona and Spain as an entire have simply not but actually “arrived” but as locations for these in search of to type and function a hashish enterprise absolutely compliant with native (on this case Barcelona), provincial (Catalonia) and federal (Spain) legal guidelines. Luckily, our Spain legal professionals principally give attention to representing ancillary hashish companies and CBD companies, together with the usual fare of serving to overseas corporations in all industries looking for to type a enterprise in Spain and make a go of issues there.

However as many within the business there have been fast and emphatic about telling me, the hashish scene in Barcelona and in Spain is slowing maturing and slowing getting “extra authorized.” As we wrote simply final week, the regional Parliament of Catalonia has proposed reforms according to a 2014 initiative advocated by Regulacion Accountable prematurely of the 2014 Spain nationwide elections. The initiative’s goal was to create a framework for the nationwide reform of hashish legal guidelines to allow areas like Catalonia and cities like Barcelona to set their very own hashish insurance policies. Although the 2016 legislative initiative stalled, it has just lately reemerged and anticipation is constructing for a revised model of this invoice that might imply elevated regulation for legalized marijuana companies on a regional foundation. Given the inconsistent enforcement of present legal guidelines (inside each Catalonia and Spain) and the shortage of significant or complete enterprise laws, such reforms can’t come quickly sufficient to raised shield and provides extra construction to these cultivating and distributing marijuana for and to sufferers. Sufferers would additionally profit from such regulation as it will improve each transparency across the sourcing of hashish merchandise and hashish high quality assurance requirements.

Despite the fact that marijuana social golf equipment in Spain exist in a risk-laden grey space, it’s clear that manufacturing and distributing CBD is a well-liked and, extra importantly, authorized follow in Spain and Barcelona (in distinction to the USA). Certainly, nearly all of cubicles on the exhibitor flooring at Spannabis targeted on hemp seeds (there was even an organization there from Humboldt County) and CBD-based merchandise. Manufacturing and distributing hashish paraphernalia or gear used for consuming, cultivating or dealing with are additionally authorized and ancillary corporations are alive and properly in Barcelona, identical to in most of the U.S. This is the reason overseas buyers taking a look at Spain are principally specializing in financing, beginning, managing or aiding ancillary corporations and never a lot on marijuana social golf equipment, all of that are non-profit due to present legal guidelines prohibiting business “trafficking.” The Arcview Group (well-known for angel investments in ancillary marijuana companies) held an investor assembly in Barcelona for the primary time final week.

Barcelona’s medical marijuana market stays immature and dangerous (these have been the phrases utilized by lots of these with whom I spoke whereas I used to be in Spain), nevertheless it little question has large potential. As soon as native governments in Spain are given the liberty (they usually may quickly) to take the reigns on hashish regulation and to create a greater enterprise environment for cultivators, producers, and distributors, Barcelona will little question shortly turn into a serious marijuana metropolis when it comes to reputation, funding, and entry. The legal professionals in our Barcelona workplace can hardly wait.

Posted on

Marijuana Exports from Israel

flag-186476_960_720-320x180.jpg

Israel is shifting towards authorizing the export of medical marijuana. Israel is an instance of how superior a market can get with a comparatively small variety of potential clients. With solely round 23,000 sufferers, Israeli’s medical marijuana companies have thrived, benefiting from the nation’s open strategy to analysis, in contrast to in america. So, how will potential Israeli exports have an effect on markets in the USA?

Nations can regulate commerce on two fronts — outgoing items (exports) and incoming items (imports). On the export aspect, nations will usually have limits or bans on the export of munitions or army gadgets, gadgets which have army purposes, and gadgets meant to go towards nations or people that the U.S. has designated beneath its sanctions regime. For imports, nations will usually monitor what’s coming in for customs functions to levy import duties and would require proof of licensure for the import of regulated items that require licenses to own. Israel might permit the exports, however it doesn’t imply that america will permit the imports. As a result of marijuana continues to be a managed substance that’s unlawful to own with out permission from the DEA, medical marijuana sufferers in america probably gained’t be capable of import marijuana for their very own use.

However for researchers, entry to Israeli medical marijuana strains can be an enormous boon. For years, the one marijuana researchers can use has been managed by the Nationwide Institute on Drug Abuse at a licensed facility on the College of Mississippi. This has been an issue as a result of NIDA’s Mississippi marijuana has typically been discovered by researchers to be of inferior high quality, and lots of analysis tasks have floor to a halt after receiving all required licensing and permits as a result of the NIDA facility merely didn’t have the kind of marijuana that wanted to be researched. In August, the DEA introduced a brand new coverage that might probably broaden the listing of permitted amenities for the cultivation of hashish for analysis. In that coverage assertion, the DEA used the Single Conference on Narcotics to offer it some cowl for its continued limitations on hashish rising for analysis. The first limitation for these permitted by the DEA to domesticate marijuana is that they obtain written permission from the DEA every time that they distribute marijuana.

The DEA continues with these limitations for various causes as we’ve mentioned right here and right here. However the DEA’s greatest arguments for its ongoing limitations are based mostly on the U.S.’s obligations beneath the Single Conference. Articles 23 and 28 of the Single Conference clarify that nations that permit cultivation of hashish for analysis functions should be sure that analysis marijuana not be diverted to the unlawful market. That is solely an issue for the DEA domestically when the cultivation is in the USA, although. If the DEA licenses importers, solely a restricted amount of marijuana comes into the USA, and safety towards diversion from the develop operation is the issue of the exporting nation.

The DEA has approved importation earlier than. In December 2015 it granted Catalent CTS, LLC of Missouri a registration to import “completed pharmaceutical merchandise containing hashish extracts in dosage type for medical trial research.” These imports would presumably be from GW Prescription drugs, which has an enormous facility in the UK.

However Israel’s medical marijuana cultivators have a robust status all over the world, and researchers can be wanting to run trials with strains of hashish they can’t get anyplace else. It can take a while for Israel to maneuver the marijuana export allowance by way of its legislature (it has solely been voted out of committee), however don’t be stunned if a lot of U.S. based mostly researchers begin making use of to the DEA for import permits and begin getting their hashish from Israel.