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The Costa Rican company Apuyantra S.A requested the registration of the terminology “CBD OIL” to be registered as its “international brand and trade name in Class 3”, as stated in the application of which MCN has a copy.
This information is available in a Gazette publication August 29, 2019 .: https://www.imprentanacional.go.cr/pub/2019/08/29/COMP_29_08_2019.pdf
The problem is that according to the intellectual property law, a common name or a natural ingredient, such as the cannabidiol (CBD) of the cannabis plant, cannot be used as the name of a product or a company.
It would be like wanting to patent the name nitrate, sodium or words like a healer, hamburger or pizza.
Currently, the company markets a product with cannabidiol (CBD) brought from the United States through a “chemical registration” health permit (Sanitary Registry: Q-19-02044), as confirmed by MCN with the Ministry of Health.
A chemical is a specific active compound to fulfill a function. From this different formulas are made that end up being products for sale.
Asked about the issue, a company representative responded:
“That question can be asked to the registry office. Open tomorrow at 8 am. ”
According to Andrés Calvo, a lawyer specializing in trademark registration, this is a clear ruling by the intellectual property registry office.
“If this company manages to register the” CBD OIL “brand, it would mean that no other company can use the same terminology in its products, or in its advertising,” he says.
Institute on Drug Control alerts about this situation
When asked about this matter, the director of the Institute on Drug Control (ICD), Guillermo Araya, was alarmed.
“It is important that people know that the law has not changed. This type of situation has the alerts on in the ICD” he said in an interview.
Ministry of Health without clear guidelines
The registration department of the Ministry of Health confirmed that there are two chemical records, plus none for pharmaceuticals or food supplements. After the departure of the former director of the Institute on Alcoholism and Drug Dependence (IAFA), Javier Vindas, closed the commission that had also formed the former Minister Giselle Amador.
The CBD is sold free in the country, without permits that prove that it is safe and that is safe for the population.