Can cannabis be registered as patents?
Approximately 60 countries worldwide permit the use of medical marijuana, with a few allowing its recreational use. In 2022, Thailand decriminalized cannabis use, making it legal for possession, cultivation, distribution, consumption, and sales of all cannabis plant parts—the first ASEAN country to do so. However, recreational use remains illegal.
In the Philippines, cannabis use is illegal under Republic Act 9165, the Comprehensive Dangerous Drugs Act of 2002. The law prohibits the sale, possession, use, importation, manufacturing, and cultivation of cannabis, among other actions, with severe legal consequences. The law defines cannabis, known as “Marijuana” or “Indian Hemp,” broadly, encompassing various forms and parts of the Cannabis sativa plant. Cannabis is also listed as a dangerous drug under the 1961 United Nations Single Convention on Narcotic Drugs, as amended by the 1972 Protocol.
During his 2022 presidential campaign, President Bongbong Marcos expressed support for the legalization of medical marijuana, emphasizing its effectiveness for medical purposes. He advocated for safeguards and strict implementation to prevent abuse if a bill legalizing medical marijuana is passed. A survey by Capstone-Intel Corp. reported that 63 percent of Filipino respondents support the legalization of medical marijuana for therapeutic purposes, provided there is further research, strict policy guidelines, and increased awareness and education.
Despite public opinion, there is no consensus among medical experts in the Philippines on the use of medical cannabis. The Philippine FDA supports legalizing medical cannabis if available in pharmaceutical or dosage form. However, representatives from the Department of Health and the Department of Neurosciences of the University of the Philippines noted that while medical cannabis may alleviate symptoms, it does not cure diseases. Advocates argue that Filipinos have the right to access necessary treatment, citing cannabis as a recognized medicine.
Due to cannabis being classified as a dangerous drug, the Intellectual Property Office of the Philippines tends to reject patent applications containing cannabis. Examiners cite the exclusion of cannabis from patent protection under Section 22 of the IP Code, stating that it is contrary to public order or morality. Notably, as of September 15, 2023, the IPOPHL’s database shows 26 cannabis patent applications, with five registered patents. However, challenges persist in securing patent protection due to legal restrictions on cannabis in the country.
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– You can check FEE OF TRADEMARK IN Philippines HERE.
– You could visit here to see Procedure of Philippines Trademark Registration.
– You could visit here to check the required documents for filing trademark in Philippines.
– Other questions of trademark in Philippines here.
– You could also check the trademark fees in ASEAN countries here. All with affordable fees.
– You could also check the trademark fees in ASIA here. All with affordable fees.
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