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.

thailand cannabis

Thailand Decriminalizes Cannabis, But Not Really

As of yesterday, June 9, 2022, the home cultivation of low tetrahydrocannabinol (THC) cannabis in Thailand is legal. The government is giving away free plants to boot! This constitutes a milestone for cannabis reform in the country and the region at large, but the Thai changes fall short of the “decriminalization” widely touted in the

argentina hemp cannabis

Argentina’s New Hemp and Medical Cannabis Regulator

Earlier this month, we discussed the approval of a new regulatory framework for hemp and medical cannabis by Argentina’s legislature. At the time, we focused our attention on those who, reflecting antiquated thinking on cannabis, voted against the bill. Today we finally turn to the substance of what is officially known as the Regulatory Framework

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Delta-8 Is Legal, But …

Just last week, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court’s holding that the 2018 Farm Bill legalized delta-8 THC products derived from hemp. In the Ninth Circuit’s view, “the plain and unambiguous text of the Farm [Bill] compels the conclusion that the delta-8 THC products before us are lawful.”

parody defense copyright litigation

Sometimes, the Parody Defense to Copyright Infringement Works!

As a cannabis intellectual property litigator, part of my job is to help clients make cost-benefit and risk analyses. My colleagues and I have written several posts about the defense of “parody” in cannabis intellectual property litigation, and why it’s a very specific defense that people tend to overstretch in most cases. While that remains

agentina hemp medical cannabis

Argentina: New Law Over Old Thinking

Argentina’s Chamber of Deputies has approved a law to regulate the hemp and medical cannabis industries. According to one of the bill’s sponsors, “a new industry has been born in Argentina” with the passage of the bill (which we flagged last summer in Legalization in Latin America: Who’s Next After Mexico?). The new law enjoyed

caribbean cannabis

Caribbean Winds of Change for Cannabis?

The Caribbean is questioning its enduring ties to the British Crown, as it seeks to fully turn the page on its colonial past. During the next few years, we will likely see several of the independent Caribbean nations that maintain constitutional ties to the British monarch become republics, led by local heads of state. These

canna law on the internet

Half-Truths and Canna Law on the Internet

When it comes to canna law on the internet, half-truths might be a bigger problem than outright lies or mistakes. Recently, our sister China Law Blog declared that China Law on the Internet Is All Wrong. As a lawyer who spends a lot of time working on China-related matters, I can confirm that there is

free speech cannabis trademark

Free Speech and Cannabis Brands

Could the First Amendment’s free speech protections offer a lifeline to cannabis brands hauled into court for trademark infringement for using parody trademarks? In some cases, it might. For readers unfamiliar with the First Amendment to the United States Constitution, it reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free

colombia cannabis foreign trade regulations

Colombia Issues New Cannabis Foreign Trade Regulations

Colombia has issued regulations on the import and export of cannabis products. Joint Resolution 539, issued in concert by four Colombian ministries on April 1, 2022, follows up on Decree 811 from last July, which expanded the scope of legal activities involving cannabis. The regulations specify which approvals are needed to import or export different

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Cannabis Patents Q&A

It should come as no surprise that the number of applications for cannabis patents has been steadily increasing in recent years. In this post we discuss the basics of the subject, with a focus in the United States. While patent systems usually bear some similarities, some of the details may be different in other countries.