QUESTION

Does a Canadian subsidiary corp need to take title?

Asked on Dec 29th, 2010 on Patents - Washington
More details to this question:
Does a Canadian subsidiary corporation of a US parent corporation have title to products sold on behalf of parent? Software, downloadable and then hard copy shipped from US (all arranged by Canadian corp). Sold in Canada to Canadian market.
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1 ANSWER

Intellectual Property Attorney serving Spokane, WA at Malhotra Law Firm, PLLC
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I am not sure what you mean by title. Each country does have its own intellectual property laws, though. So you could have Canadian and US patents, copyrights, trademarks, and trade secret. Only the Canadian intellectual property can be enforced in Canada and only the US IP can be enforced in the US. There are some conventions like the Berne convention on copyright that require one country to honor IP created in another country that makes this answer a little less clean cut. Patents and trademarks would be separate for each country. You probably have some IP without even knowing it. Copyright and trademarks can be established without registrations, though there are advantages to registration. Either a US company or a Canadian company can own worldwide IP or it can be separated out. There may be tax and marketing reasons to separate things out too.
Answered on Dec 29th, 2010 at 11:13 PM

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