Establishing a valuation of intellectual property rights

Valuation of intellectual property rights

: 23 June 2021; Hits: 493; Rating:

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Valuation of intellectual property rights is an important component of the process of commercialization of intellectual property, the transformation of the result of mental activity into a commercially valuable product. Due to the assessment of intellectual property can become a significant share of intangible assets of the enterprise and be introduced into civil circulation as a commodity.

Knowledge of the value of intellectual property rights is of great importance for management decisions regarding IPR at the stages of creation, legal protection, commercialization and protection.

In which cases is it carried out?

The need to assess intellectual property arises during:

concluding purchase and sale agreements for patents, trademarks, etc.;
preparation of the conclusion of the license agreement for the right to use intellectual property;
when considering disputes concerning compensation for moral and material damage in connection with the illegal use of intellectual property;
determining the amount of compensation for damage caused to the right holder by the illegal use of his patents, trademarks, etc.;
introduction of intellectual property objects in the implementation of investment or innovation projects;
determination of the tax base in the process of buying / selling intellectual property;
transfer of intellectual property for use;
determining the value of the company as a whole (for example, together with the assessment of the value of the company's trademark);
expansion of markets (franchising);
determination of the value of exclusive rights, which are transferred on the basis of license agreements, or the contract of sale of intellectual property for the right to use such objects;
determination of damages received by illegal use of intellectual property objects;
bankruptcy of the enterprise in the process of its liquidation in order to satisfy the claims of creditors.

Which objects are subject to evaluation?

The group of intellectual property to be assessed may include:

commercial and brand names, trademarks;
trade secrets;
artistic and literary works;
videograms, phonograms, broadcasts (programs) of broadcasting organizations;
animal breeds and plant varieties;
industrial designs, inventions and utility models;
computer programs;
know-how;
business reputation (goodwill);
innovation proposals;
layout of integrated circuits;
data compilation (database);
layout (topography) of integrated circuits;
innovation proposals;
geographical indications;
received or granted licenses for the right to use intellectual property;
copyright certificates;
trademarks (service marks) and service marks;
commercial brand names;
other intellectual property.

What services do we provide?

The Western Ukrainian Expert Advisory Center is one of the subjects of evaluation activities in Ukraine. The company employs a group of appraisers certified by the State Property Fund of Ukraine, who in addition to the above are authorized to carry out:

preliminary assessment of the possibility of obtaining legal protection for the claimed object of intellectual property;
provide advice on state registration of intellectual property and legal support of this process;
to represent the interests of the subjects of intellectual property rights in judicial and out-of-court settlement of disputes;
to represent the interests of the subjects of intellectual property rights in case of illegal use of intellectual property objects, as well as in case of unfair competition in administrative and judicial bodies;
to conduct legal expertise in the field of intellectual property, in particular regarding the compliance of agreements on the transfer of rights to the requirements of current legislation of Ukraine;
provide assistance in drafting contracts, including copyright, license and others;
provide any other assistance and advice in the field of intellectual property.

Documents required for the assessment of intellectual property

Description of the object of intellectual property;
Description of the enterprise that uses this object;
Information on payments confirming the registration of intellectual property;
Information on analogues of the assessed object of intellectual property;
Information on the sale of objects carried out using the assessed object of intellectual property, namely: financial indicators, consumers, competitors, territorial diversification of sales;
Information on the costs of creating and advertising an intellectual property object;
Legal documents (certificate, patent, etc.);
Business plans for enterprise development;
Market research.

* this list is specific and can be shortened or expanded after a detailed acquaintance with the company and the task of assessing intellectual property.