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The role of intellectual property valuation

Изображение Статьи патентный поверенный, авторское право, регистрация торговой марки, недобросовестная конкуренция

World experience suggests that for many large firms, the value of their intellectual property can reach 35-50% of the total value of the firm.

Such an assessment may be necessary for you in the following cases:

  • privatization of state property;
  • the formation of the authorized capital when creating new and/or changes in the legal status of existing business partnerships;
  • when drafting and registering license agreements, sale and purchase agreements for intellectual property;
  • alienation of property or rights to intellectual property;
  • getting a loan secured by rights to intellectual property;
  • insurance;
  • accounting in the form of an intangible asset and accounting;
  • conducting a trial (determining the amount of damage in the case of illegal use of intellectual property;
  • when developing innovative projects;
  • in other cases stipulated by law.

Of particular interest, for business entities, is the question of the assessment of rights to objects of intellectual property for making the latter in the intangible asset of the enterprise. According to Ukrainian legislation, the value of intellectual property is recorded as intangible assets and depreciated, which leads to a reduction in taxation.

The concept of an intangible asset is defined as rights or advantages that the holder of rights acquires, displayed in the balance sheet of a business entity as the cost of acquiring them and bringing them to a condition suitable for use for profit.

For example, if you bought a license for the right to use the invention in your enterprise and attributed the cost of this purchase to an intangible asset, then the tax inspector has a question: And why did you buy for this price, and not, say, for less? The question is natural, as it is associated with taxation.

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