Food for thought: IP protection for nutraceuticals and functional foods

Functional foods and nutraceuticals are one of the fastest growing segments of the food industry. The market is driven by an aging population, rising health care costs, advances in food production technology and a growing understanding within the customer population of the link between diet and health. Functional foods and nutraceutical products represent an excellent growth opportunity for the Canadian agri-food industry but, to stay competitive, companies must take appropriate actions to develop, preserve and protect their intellectual property rights. This article presents an overview of the different intellectual property (IP) rights which may be applicable to functional foods and nutraceuticals and provides stakeholders with a number of strategies on how to maximize their protection.