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IP Litigation and Administrative Proceedings: A Global Overview of Managing Cannabis Conflicts


Dispute resolution in a global context needs to consider many factors, such as the remedies and awards that can be granted and the availability of administrative proceedings, such as oppositions, cancellations, impeachments, and protests. The presentation examines how actions in different jurisdictions can be taken to resolve a matter relating to the use, copying, reproduction, passing off, or counterfeiting of cannabis related IP. Panelists will cover strategies and lessons learned firsthand as they navigated cannabis IP as a leveraging tool or an accessory to broader commercial litigation.

 

Jason Moscovici, Partner, Lawyer, Biochemist, Robic, LLP

Jason Moscovici is a partner, lawyer and biochemist with ROBIC, LLP, a multidisciplinary intellectual property law firm from Quebec, Canada. His IP practice specializes in regulated industries such as food, alcohol, cannabis, pharmaceuticals, medical devices, cosmetics, natural health products, advertising and consumer products.

Jason’s focus on the valorization and enforcement of intellectual property, as well as the numerous compliance issues that orbit regulated industries, have allowed him to quickly become one of the most trusted legal advisors to the emerging cannabis industry. His perspectives on compliance, intellectual property and the commercial hurdles related specifically to cannabis are routinely solicited by stakeholders in this space.

Jason leads ROBIC`s cannabis group and sits on the life sciences committee of the firm.

Dr. Jayashree Mitra, Shareholder, Carlton Fields, P.A.

Dr. Jayashree Mitra focuses on patent litigation, including Hatch-Waxman patent litigation. She represents clients in federal court and before the Patent Trial and Appeal Board and the International Trade Commission in a full range of patent litigation, including Hatch-Waxman actions, inter partes review, post-grant review proceedings, and trade secret disputes. She also advises clients in the cannabis industry and psychedelic industry on regulatory compliance, helping them align their IP strategies to comply with FDA and DEA regulations and guidance.

Jayashree is well known for her detailed understanding of the pharmaceutical, biotechnology, cannabis, psychedelics, and emerging technology sectors. A former neuropharmaceutical researcher at Yale University, Jayashree's technical knowledge extends to small molecules, protein therapeutics, protein conjugates, vaccines, injectables, biologics, and biosimilars, as well as blockchain and data privacy. She has particular insight into the science underlying innovative cannabis technology products and psychedelics. Her research in neuropharmacology at Yale specifically involved analyzing the effects of psychoactive substances on the developing brain.

She also has experience handling antitrust matters, as well as intellectual property due diligence and technology agreements for mergers, acquisitions, and other corporate transactions. She is recognized as a certified information privacy professional (CIPP/US) by the International Association of Privacy Professionals.

Jayashree engages in extensive pro bono work, including criminal appeals and death penalty cases.

Timothy L. Alger, Owner, Alger Law APC

Timothy L. Alger is a civil litigator, mediator, and owner of Alger Law APC. Formerly the head of litigation, employment law and trademarks at Google and an equity partner at three major law firms, Mr. Alger has represented leading internet, media, entertainment and advertising companies in litigation over trademarks, copyrights, unfair competition, contracts, free speech, defamation and privacy. Mr. Alger also represents legal cannabis businesses in civil litigation and regulatory disputes with governmental entities. Recent representations in this industry include civil litigation over trademarks, contracts, relocation of a cannabis dispensary, excessive fines on cannabis cultivators, civil rights violations by law enforcement agencies, and ownership and management disputes in cannabis business partnerships.
Mr. Alger makes himself available to mediate disputes among businesses and individuals. His expertise in the cannabis industry and 33 years in commercial litigation makes him a valuable resource for resolution of disagreements without the high cost of litigation in court.

 

Margret Knitter, LL.M., Partner, Lawyer, SKW Schwarz, Germany

Margret Knitter advises her clients in all matters of intellectual property and competition law. This includes not only strategic advice, but also legal disputes. Her practice focuses on the development and defense of trademark and design portfolios, border seizure proceedings and advice on developing marketing campaigns. She advises on labelling obligations, packaging design, marketing strategies and regulatory questions, in particular for cosmetics, detergents, toys, foodstuffs and Cannabis. She represents her clients vis-à-vis authorities, courts and the public prosecutor's office.

In the field of media and entertainment, she mainly advises on questions of advertising law, in particular product placement, branded entertainment and influencer marketing. She is a member of the board of the Branded Content Marketing Association (BCMA) for the DACH region and Co-Chair of the European INTA Bulletins Committee.


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