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Intellectual property Valuation of intellectual property rights

Zal Dmytro Oleksandrovych

Attorney

E-mail

zal@prikhodko.com.ua

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Specializes in protection of honor and dignity, of copyrights, inventions, patents, trademarks, support of tenders, protection of consumer rights, disputes with insurance companies, legal support in cases of administrative offenses.

Valuation of intellectual property rights

Valuation of intellectual property rights is an integral part of a free and modern market economy. It plays a very important role related to the professional activities of most institutions and organizations around the world. The rapid spread of technologies, innovations, artificial intelligence, as well as growing globalization directly affect the management and adoption of investment decisions. Evaluation of intellectual property rights is one of the activities of the lawyers of our company “PRIKHODKO & PARTNERS”. It is part of complex processes that cannot be carried out without careful economic, financial and legal analysis. For example, it is impossible to build a universal model that can be used in any situation. A reliable and reliable assessment requires both an individual approach to each of the subjects of intellectual property, as well as an analysis of the disadvantages and advantages of each method of assessment of intellectual property rights.

Objects of intellectual property subject to evaluation

In accordance with Article 418 of the Civil Code of Ukraine “Evaluation of property rights of intellectual property”, rights to the following objects of intellectual property are assessed:

Artistic and literary works.
Databases, computer programs.
Animal breeds, plant varieties.
Rationalizing proposals.
Videograms, phonograms, programs.
Useful models, inventions, industrial samples.
Commercial secrets.
Other objects that belong to objects of intellectual property rights in accordance with current legislation.

In most cases, the valuation process determines the value of business reputation (goodwill) and business. The value of each individual asset or group of assets is also assessed.

In what cases does it become necessary to assess intellectual property rights?

The value of intellectual property rights arises when:

Conclusion of agreements on joint activities.
Accounting of intangible assets.
Conclusion of license agreements for the transfer of know-how.
Determination of damages in case of illegal use of objects of intellectual property rights.

Appraisal of property rights and property in Ukraine is regulated by the Law of Ukraine “On Appraisal of Property, Property Rights and Professional Appraisal Activities in Ukraine” in accordance with current national standards.

Approaches to the assessment of intellectual property rights

There are two main approaches to the assessment of intellectual property rights:

Comparative assessment

Comparative assessment is one of the main methods of intellectual property assessment. It is based on the use of an evaluation model of comparative rights, which are distinguished by similar parameters. For example, inventions must have a common purpose, be in the same field and be used for profit (commercial feasibility).

The choice of intellectual property rights thus plays a key role in shaping the valuation of intellectual property rights.

Profitable method

This method is developed on the basis of an approximation to generate future income from investment, operational and financial realization of intellectual property rights. Most often, it is used to estimate income in the initial and final phase. That is, this method is universal. Factors that are taken into account when determining the value: the volume and capacity of the generated cash flow, the cost of capital/debt, growth rates, etc.

The following documents must be prepared for the assessment of intellectual property rights:

Description of the object of intellectual property.
Information about payments – confirmation of registration of an intellectual property object.
Legal documents (patent, certificate, etc.).
Business plans for enterprise development.
Marketing market research.
Information on the costs of creating and further advertising the object of intellectual property.

Peculiarities of assessment of intellectual property rights

The assessment of intellectual property rights consists of the following stages:

Legal expertise.

At this stage, documents are studied that act as confirmation of the owner’s right to the object, the validity period and the scope of these rights).

Making calculations, determining the value of intellectual property rights.
Preparation of the report.

All you need to do at the first stage is to provide a patent or a certificate for an intellectual property object.

The lawyers of our company “PRIKHODKO & PARTNERS” evaluate the rights to intellectual property objects in various options. You should remember that any objects of intellectual property are potential economic reserves of your firm or enterprise.

We will help you create a successful business, evaluate and protect your intellectual property, taking into account current Ukrainian legislation.

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1 question

Do you need to evaluate intellectual property rights?

Yes

2 question

Is the owner of intellectual property rights an individual?

Yes

3 question

Is the owner of intellectual property rights a legal entity?

Yes

Successful cases on the topic:

You may also need:

Registration of a trademark in the customs register of Ukraine

Consultation of a lawyer on copyright

Registration of a patent for an invention

Registration of trademarks

Trademark registration in Ukraine

Drafting a Copyright Agreement

Book copyright registration

International Trademark Registration

International registration of a patent for an industrial design

Protection of trademark rights

Patent registration for intellectual property in Ukraine

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Intellectual property

A claim of improper use of a trademark Accelerated trademark registration in Ukraine Agreement on creation to order and use of the object of intellectual property rights Agreement on the transfer of ownership of a trademark Appealing a refusal to register a trademark in Ukraine Appealing the refusal to register a patent for an industrial design, utility model or invention Barcode registration: how to make a barcode for a product Book copyright registration Brand name registration Brand registration in the USA for business on Amazon (Amazon Brand Registry) Certification of cosmetics (cosmetic products) Commercial concession contract Compensation for copyright infringement Consultation of a lawyer on copyright Copyright lawyer Copyright on project documentation: legal aspects and practical recommendations Copyright registration Copyright transfer agreement Copyrights protection in court Counterfeit lawyer Create License agreement Development of a license agreement for the object of intellectual property rights Development of an agreement on the transfer of rights to intellectual property objects Disposal of intellectual property rights Drafting a Copyright Agreement Entering the object of intellectual property in the customs register Evaluation of intellectual property Fight against counterfeiting and piracy Filing a complaint with the DMCA Industrial design patent Inspection of patent purity Intellectual property infringement Intellectual Property Lawyer Intellectual property protection on the Internet International patent search International registration of a patent for an industrial design International registration of industrial designs International registration of the invention International Trademark Registration Internet piracy lawyer Invalidation of a trademark certificate IP Due Diligence (Audit) for Business Legal protection against product copying Legal protection of the trademark Legal support for continuation of the line of this trademark Logo registration Objection to the registration of an industrial design Objection to trademark registration Obtaining a trademark certificate Patent for a utility model for military purposes (weapons) Patent registration for intellectual property in Ukraine Patent search in Ukraine Patenting an invention (know-how) in Ukraine Plagiarism lawsuit Preparation of contracts in the field of intellectual property Protection against counterfeiting Protection of intellectual property rights Protection of trademark rights Recognition of a trademark as well-known in Ukraine Register a cryptocurrency name Register copyright on poems Register the copyright of the picture Register the copyright of the song Register TM in Ukraine Registration of a patent for an invention Registration of a patent for an invention in Ukraine Registration of a pseudonym of an artist / media personality Registration of a trademark in the customs register of Ukraine Registration of an international trademark through the Madrid system Registration of Copyright for Music Registration of intellectual property Registration of rights to an industrial design Registration of software copyrights Registration of the copyright Registration of the store name Registration of trademarks Response to objection to registration of intellectual property/industrial design Software copyright registration Software licensing Song copyright registration Sublicense agreement TM protection at customs TM registration Trademark check for novelty (plagiarism) Trademark License Agreement Trademark protection in Ukraine Trademark registration Trademark Registration for IT Projects and Startups Trademark registration in China Trademark registration in foreign countries Trademark registration in France Trademark registration in Germany Trademark registration in the USA Trademark registration in Ukraine Transfer of rights and issuance of licenses for the object of intellectual property Transfer of rights to an industrial design Utility model patent – price of patent registration in Ukraine Utility model patent – Utility model patenting in Ukraine Valuation of intellectual property rights Work Copyright Registration