In December 2021, a decree was issued in France that effectively banned the marketing of raw CBD flowers and leaves. Only hemp seeds and fibres as well as products deduced from flowers and leaves are allowed. Dealers in the CBD sector that were formerly selling similar products urgently challenged the ban, performing in a provisional suspense by the Council of State. The judge hearing the operation considered that were serious dubieties about the legitimacy of the measure because of its disproportionate nature. Dealers in the sector are staying for the Council of State to rule definitively on the legitimacy of the queried order.

In today’s modern-day scenario, as a business owner, it is very crucial for one to understand the importance of the role that Intellectual Property Rights play in conducting smooth business transactions. Though intangible in nature, they are without any doubt, one of the most important business assets. The purpose of this article is to make the readers aware of Intellectual Property Rights and the significance that they hold in business transactions. Though each of them is important in itself, this article will specifically focus on copyrights and trademarks.

Copyrights and trademarks, both terms can be referred to as the backbone of business transactions, as both of them instill a sense of security in the minds of the potential consumers as well as the business owners. Though both the terms are proof of the originality of the work of the business, it is pertinent to note that the two defend discrete concepts. They cannot be referred to interchangeably with each other. Usually, copyrights guard original or rational works of the business, while trademarks guard the commercial identity of the business. The role of copyright is mainly to defend the rights of the business of its intellectual works including fictional, theatrical, musical, and creative works. Trademark, on the other hand, plays the role of defending the usage of the name of the business and its brand identity.

Preface ; The Federal Law for the Protection of Industrial Property provides two situations of recognition for trademarks. 

 According to composition 190, a trademark will be understood to be" well given" in Mexico when a certain sector of the Mexican public or Mexican marketable circles is apprehensive of the trademark 

 due to marketable conditioning carried out in Mexico or abroad by a person that uses similar trademark in connection with its products or services; or 

 as a consequence of the creation or advertising of similar trademark.