If the intellectual property is not a professional intellectual property appraisal, can it be used a

Updated on Financial 2024-07-05
3 answers
  1. Anonymous users2024-02-12

    Not really. The purpose of IP asset valuation usually includes transfer, licensing, capital contribution, pledge, litigation, financial reporting, etc.

    The valuation methods for determining the value of IP assets include: the market method, the income method and the cost method and their derivative methods.

    In order to standardize the appraisal of intellectual property assets and protect the legitimate rights and interests of the parties involved in asset appraisal, the competent authorities of national ministries and commissions such as the China Assessment Association have formulated the Guidelines for Intellectual Property Valuation in accordance with the Practice Standards for Asset Valuation - Intangible Assets, and later put forward the Guidelines and Guidelines for Accelerating the Improvement of Intellectual Property Asset Valuation.

    We have set up a special business department in the direction of intellectual property appraisal to do special research, which can realize the transfer, licensing, capital contribution, pledge, litigation, financial reporting, etc. of intellectual property, which I believe will be able to help you.

    For the purposes of the Guide, the term "intellectual property assets" refers to intellectual property rights and interests owned or controlled by the intellectual property rights holder, which can continue to play a role and bring economic benefits. Intellectual property assets include patent rights, exclusive rights to use trademarks, copyrights, trade secrets, layout designs of integrated circuits and new plant varieties.

    The term "intellectual property asset valuation" in the Guidelines refers to the professional service behavior of asset appraisal institutions and their asset appraisal professionals to comply with laws, administrative regulations and asset appraisal standards, assess and estimate the value of intellectual property assets under the specific purpose of the appraisal base date according to the entrustment, and issue asset appraisal reports.

    The Guidelines shall clarify the appraisal object, the scope of the appraisal, the purpose of the appraisal, the benchmark date of the appraisal, the type of value and the user of the asset appraisal report.

    The purposes of the Guide's IP asset valuation usually include transfer, licensing, capital contribution, pledge, litigation, financial reporting, etc.

    The Guidelines shall fully consider factors such as the purpose of the appraisal, market conditions, and the conditions of the appraisal object, and appropriately select the type of value when performing the appraisal business.

    The valuation methods for determining the value of intellectual property assets in the Guide include: the market approach, the income approach and the cost approach, as well as their derivative methods.

    The "Guide" clarifies the necessary process, content, method, purpose, scope, use, etc. in practice, the above information has what you need to ask, in addition, attach a screenshot of the part of the "Guide" to share as follows, I believe it will be able to help you.

  2. Anonymous users2024-02-11

    Intellectual property rights include patent rights, trademark rights, copyrights (general copyrights, software copyrights), non-patented technologies, proprietary technologies, etc.

    If intellectual property rights are used for capital contribution, it is necessary to find a professional and qualified appraisal agency for evaluation, and go to the industrial and commercial bureau to handle matters related to capital contribution with the appraisal report.

    In other words, an unprofessional appraisal cannot be used as a basis for funding.

  3. Anonymous users2024-02-10

    Legal analysis: From the perspective of registration, the review and approval of intellectual property contributions generally focus on four aspects, that is, the intellectual property rights used for capital contribution should have the characteristics of certainty, existence, evaluation and transferability. Therefore, when the applicant makes a capital contribution with intellectual property rights, it is necessary to determine whether the intellectual property rights used for the capital contribution meet the requirements of four elements, namely, certainty, substantiation, assessability and transferability.

    Certainty means that the subject matter used for IP investment must be a specific physical object. In other words, the subject matter should be clear and concrete, not just an abstract concept. Extensibility means that the intellectual property used for capital contribution must be in fact obtained in accordance with the law, and the funder has the right to dispose of the intellectual property in accordance with the law.

    Evaluable means that the intellectual property used to contribute must have a specific value that can be confirmed through objective evaluation, that is, it can be specifically valued in monetary terms. If the specific value cannot be confirmed through objective evaluation, and the specific valuation cannot be made in currency, the intellectual property cannot be used for capital contribution. Transferability means that in order to enable the shareholders of the company to fulfill their capital contribution obligations, the intellectual property rights used for capital contribution should be suitable for independent transfer, that is, the rights can be transferred independently and completely.

    Legal basis: Company Law of the People's Republic of China Article 27 Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary property that can be valued in monetary terms and can be transferred in accordance with the law. However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.

    The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.

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