How
is CBD regulated in France?
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.
CBD
trademarks in France
Indeed though some
misgivings remain regarding the marketing of CBD leaves and flowers, numerous
brands are flourishing in the register of French brands. Brands should consider
the applicable vittles of the Intellectual Property Code to insure that their
trademarks are permissible.
ArticleL. 711- 2( 7) of the Intellectual
Property Code provides that" a trademark negative to public policy or the
use of which is fairly banned" may not be validly registered, and if
registered, may be declared null and void. Trademarks inciting the consumption
of lawless substances may therefore be refused enrollment or, alternately,
declared null and void. It's thus judicious to avoid pertaining to narcotic
substances banned in France.
According to French
case law, trademarks pertaining to cannabis through textbook will be rejected.
This includes, for illustration
CANNABIA;
CANNABICURA; and
MARRY JANE.