Крылова и партнеры / Intellectual property protection / Assessment and Protection of Intellectual Property
In conditions of market relations rights to objects of intellectual property (inventions, industrial designs, trademarks, etc.) behave like a commodity and like any commodity must have the value that is formed by the market.
But in order to come out with such a specific commodity to the market (ie buy or sell it), you must first have an idea of its value to begin negotiations with a potential buyer (or seller).
World experience shows that for many large companies the value of their intellectual property may reach 35-50% of the total value of the firm.
Such an assessment may be necessary in the following cases:
- privatization of state property;
- the formation of authorized capital in the creation of new and / or changes in the legal status of existing business partnerships;
- in the process of preparation and registration of license agreements, contracts of sale of intellectual property;
- disposal of property or rights to intellectual property;
- receiving a loan secured by rights to intellectual property;
- inclusion in the accounting statement in the form of intangible asset;
- trial (determination of the amount of damage) in case of illegal use of intellectual property;
- development of innovative projects;
- in other cases according to law.
Of particular interest to business entities, is the issue of appraising the rights to intellectual property to include the latest in intangible assets of the company. Under Ukrainian legislation the value of intellectual property is recognized as intangible assets and is amortized, resulting in lower taxation.
The term “intangible assets” is defined as rights or benefits that are acquired by the owner of the rights, that appear on the balance sheet of a business entity as the cost of their purchase and bringing to a state, fit for getting profit.
For example, if you bought a license to use the invention in your company, and put the cost of this purchase as an intangible asset on the balance sheet, then the tax inspector raises the question: Why did you buy it for this price, and not for less? The question is natural, since it is related to taxation.
Relations arising in connection with the evaluation of intellectual property are governed by the Law of Ukraine “On the appraising of property, property rights and professional appraising activity” № 2658-III of 12.07.2001 with amendments.
Valuation of intellectual property will certainly expand the possibilities to transform intangible assets into capital.
Here you will be helped by appraisers of intellectual property “Krylova and Partners”.
Our patent attorney guarantees: the protection of your intellectual property in safe hands!