The protection of intellectual property plays an enormously important role, in particular in young research-intensive sectors such as the area of cannabis products. Companies dedicated to the production and marketing of medical cannabis should apply for trademark protection and patent protection, wherever possible. On the other hand, they should pay close attention to the correct labeling and advertising of their products, since both tend to be more strictly regulated in the health sector than in other industries.
SKW Schwarz will support you in licensing your cannabis products and advise you on all related contracts. We are registering trademarks and designs for you, while we are working together with specialized patent attorneys as regards research and development. Protection of trade secrets, data protection, and competition law are part of our daily business.
Commercial and distribution law
Distribution and supply chains need to be established or used when placing medical cannabis on the market in Germany. Our lawyers will support you in drafting and reviewing the relevant contracts on the basis of their many years of experience in all issues relating to commercial and distribution law. We support suppliers and distributors of medical cannabis during negotiations and, in cases of dispute, represent them in court or in arbitration proceedings.
We are covering regulatory specifics in the healthcare sector through close collaboration with our peers from the fields of Regulatory & Compliance.
Commercial trading in medical cannabis in general has been permitted in Germany since 2017. It continues to be regulated, however, and is subject to numerous provisions of narcotics law and medicinal products law.
Our lawyers will support you in obtaining licenses to distribute narcotics in accordance with the Narcotics Act, to manufacture cannabis under the Medicinal Products Act, or to distribute medical cannabis to other re-sellers . Where required, we can also procure a special license as a finished medicinal product on your behalf. We will assist you in submitting the necessary proof of special expertise and compliance with product quality and safety with your applications.
At present, cannabis products without a medical purpose are considered narcotics that may only be brought to market under strict requirements in Germany. This applies, for instance, to suppliers of cannabis-containing foodstuffs or CBD products. We will navigate you through the legal particularities of food, drug, or narcotics law, such as the provisions on “novel food” and cosmetics, in order to protect you from trading restraints or even criminal sanctions.