Fred Rocafort

Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog.

Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America.

In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions.

Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s.

hong kong cannabis cbd

Hong Kong Cannabis: Bad News for CBD

Hong Kong and the negative developments taking place there have been the subject of many posts in our sister China Law Blog. But now it is our turn to report on the Fragrant Harbor. Unfortunately, the news is also bad on the cannabis front, just like on the political and economic ones. From February 1

connecticut cannabis marijuana

Connecticut Adult-Use Sales Begin

Connecticut is the latest state to permit the sale of adult-use cannabis. The possession of cannabis by adults has been legal in Connecticut since 2021, following the enactment of Public Act No. 21-1. Impressively, this law also erased 43,754 convictions for cannabis offenses. In December, the state’s Department of Consumer Protection (DCP) announced that hybrid

uspto

USPTO’s Abuse of the “Lawful Use” Trademark Registration Standard

Lawful use in commerce is a requirement for a trademark to be registered in the United States. For cannabis brands, this means that the United States Patent and Trademark Office (USPTO) will not register trademarks used in connection with products that are illegal under federal law, most notably marijuana. However, USPTO’s problematic approach to lawful

cosmetics

Cosmetics and Cannabis

Cosmetics are something of a bright spot when it comes to federal cannabis regulation. Unfortunately, however, there is quite a bit of misunderstanding when it comes to the federal legal framework for cannabis cosmetics. Following up on question that was asked during a recent webinar, here are the basics of which cannabis brands should be

federal or state trademark

Federal or State Trademark Registrations?

Federal or state trademarks, which should I register? This is a question we regularly get in our IP practice. For cannabis brands in particular, the answer is often straightforward. The lawful use requirement The United States Patent and Trademark Office (USPTO) is responsible for registering trademarks at the federal level. According to the Trademark Act

brazil cannabis

Brazil’s Elections and Cannabis

Brazil’s elections recently took place, with Luiz Inácio Lula da Silva voted into a third term as Brazil’s president. To learn what the results mean for cannabis, we sat down with Rafael Arcuri of Brazil’s National Association of Industrial Hemp (ANC). While some challenges lie ahead, overall Lula’s return to power augurs well for cannabis

colombian cannabis

Colombian Cannabis Legalization Ahead

Colombian legalization of adult-use cannabis is on track, following the Chamber of Representatives’ overwhelming vote of support for a bill introduced by a multiparty group led by Liberal Party deputy Juan Carlos Losada. Back in June we held out some cautious optimism regarding Colombian legalization prospects, following the election of Gustavo Petro as president. As

hemp cbd novel food european union

Cannabis and Novel Food Authorizations in the EU: Q&A

We recently got to ask Kai-Friedrich Niermann of KFN+ Law Office some questions about EU Novel Food authorizations. His answers are a must-read for cannabis food businesses interested in the EU market. 1. What is an EU Novel Food authorization? Novel foods are regulated in the European Union by the so-called Novel Food Regulation (Regulation

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Biden’s Bad Example

President Biden’s recent announcement of a pardon for federal cannabis offenses has caught the attention of observers abroad. In fact, I was quoted in an article by Brazilian journalist Anita Krepp on the subject. Unfortunately, the example being set by Biden for other countries is, in part, a bad one. To be clear, we are

cannabis brand

Is Your Cannabis “Trademark Use” Merely Ornamental?

The notion of ornamental trademark use is foreign to many cannabis businesses. This is unfortunate, because it’s an important issue to understand in the cannabis industry, where the only federal trademark protection we can obtain is for ancillary goods and services. (See here for the limitations of federal trademark protection in the cannabis industry.) The issue of