Trademark Security Interests in Canada (Guest Post from Canadian Firm)

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We recently shared our Seven Secrets of Security Interests with some tips about security interests in IP registered in the U.S.  But often, U.S. IP goes hand-in-hand with trademarks, patents, and copyrights registered in Canada.  Should security interests against Canadian IP be treated the same as in the U.S.?

We asked our colleague Silvia de Sousa from Thompson Dorfman Sweatman LLP in Winnipeg, Manitoba to describe the basics of security interests involving Canadian trademarks (as well as patents and copyrights).  Silvia’s answers appear below.  Enjoy!

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The Seven Secrets of Security Interests

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Well, they’re not really secrets.  But whether you’re representing the bank taking a security interest, an owner granting one, or a buyer who wants to ensure that outstanding security interests are released before a deal closes, here are a few things to keep in mind when it comes to IP security interests.

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The “Do’s” of IP Due Diligence

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So you’ve been asked to help acquire a company with an extensive IP portfolio. Great! Now it’s time for that mysterious task known as “due diligence.” Due diligence is intended to confirm all of the assets that a buyer will obtain in an acquisition and to resolve any discrepancies before the deal closes.

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