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Cannabis and Intellectual Property : International Considerations


Join us for a lively discussion between Cannabis IP practitioners as we delve into the lessons learned from managing, prosecuting and transacting with cannabis touching IP portfolios worldwide. From patents and plant breeder’s rights, to trademarks and trade secrets, participants will learn how to approach the evolving practice of cannabis IP across several illustrative jurisdictions including Germany, Canada and the United States.

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.

Marcelo Pomeranz, Associate, Cooley LLP

Dr. Marcelo Pomeranz’s practice focuses on the development and execution of world-wide intellectual property strategies for biotech and pharmaceutical companies. He has extensive experience in securing, defending, and challenging patents to provide clients with the necessary protection and freedom to operate to monetize their inventions. He has extensive technical experience in plant biology, RNA silencing, CRISPR gene editing, strain engineering, plant-derived medicines, molecular biology and systems biology. Marcelo is also an expert in cannabinoid biology and chemistry, representing clients in all areas of cannabinoid research, including cannabis and hemp breeding and genetics, cannabinoid and terpene biosynthesis, synthetic cannabinoid chemistry, cannabinoid and terpene extraction and detection, and cannabinoid formulation and pharmacology. He successfully secured the first patents to THC-containing plants in the US, Canada, and Europe. He holds a PhD in Molecular Biology and Biotechnology. Marcelo's doctoral research focused on elucidating mechanisms for AU-rich mediated RNA degradation and the formation of RNA processing bodies and stress granules in plants. After his graduate work, he undertook a postdoctoral fellowship at The Ohio State University Center for Applied Sciences and the Arabidopsis Biological Resource Center. His postdoctoral work focused on the discovery of gene regulatory networks and developmental expression programs using next-generation sequencing and mathematical modeling. Marcelo was awarded the American Bar Association's Award for Excellence in intellectual property law. He has authored and co-authored numerous publications appearing in Biochimica et Biophysica Acta, The Plant Journal, Plant Physiology and Plant Signal Behavior.

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.

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.

Nicole A. Katsin, Senior Associate Attorney, Evoke Law, PC

Nicole A. Katsin is a Senior Associate at Evoke Law, PC who focuses her practice on intellectual property, technology, and cannabis matters, including trademark and copyright prosecution and enforcement, Trademark Trial and Appeal Board proceedings, licensing agreements, and Internet policies.

Prior to joining Evoke Law, Nicole clerked for the Honorable Socrates P. Manoukian at the Superior Court of Santa Clara County and served as a legal consultant at MarkLogic, Corp. Additionally, while at the University of San Francisco, Nicole held the positions of Editor-in-Chief of the Intellectual Property Law Bulletin and Articles Editor on the board of the USF Law Review.

Nicole enjoys writing about a diverse range of legal topics pertaining to intellectual property, cybertechnology, and cannabis. Her comment entitled “Five Stages of Patent Grief to Achieve 3D Printing Acceptance,” was published in Volume 49 of the USF Law Review and has been cited by multiple scholars from top academic institutions.

Nicole received her Bachelors of Business Administration from Loyola Marymount University in 2012, and Juris Doctor, cum laude, from the University of San Francisco School of Law in 2015. Nicole’s professional affiliations include the California Bar Association, International Trademark Association, Bar Association of San Francisco, and the International Cannabis Bar Association.

Juan Luis Serrano Leets, Partner, Sánchez DeVanny Eseverri, S.C.

Juan Luis leads the Intellectual Property and Data Privacy practice groups at Sanchez Devanny and is the co-head of their Life Sciences Industry Group.  He has broad experience in high level management of complex legal and policy issues in Mexico and Latin America.

Juan Luis is Councilor to the Mexican Health Foundation (FUNSALUD), a member of the board of the Association of Pharmaceutical Industry Physicians and Professionals (AMEIFAC) and of the Commission of Legal Affairs of the National Chamber of the Pharmaceutical Industry (CANIFARMA).

He is also a professor of Sanitary Law in the Escuela Libre de Derecho and the Universidad Panamericana. 

Before joining Sánchez Devanny, Juan Luis was Legal Director of the Mexican Affiliate of a Multinational Pharmaceutical Company, with responsibilities over Mexico and Latin America, and worked in law firms specializing in intellectual property.


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