Does a Canadian subsidiary corp need to take title? 1 Answers as of December 29, 2010

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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Malhotra Law Firm, PLLC | Deepak Malhotra
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.
Answer Applies to: Washington
Replied: 12/29/2010
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