As one of the leading intellectual property firms in Europe, Gevers has been providing these services for over many years, to various types of clients from start-ups and SMEs to large group operations and in different contexts licensing, assignment, interco transactions, IP tax regimes…. This long-term expertise enables Gevers to validate its approach and methodologies. We inform you that this website uses functional and analytical cookies. Would you like further information about how we handle your privacy?
Then we would like to refer you to our privacy statement OK. Login Jobs. What is the value of my copyrights? How we can help you and add value? Estimate the value of an option to acquire the full ownership of intellectual property rights, as provided for in a licensing agreement. Where we make the difference Substantial expertise based on renowned valuation methodologies Gevers, together with financial and tax experts, has several years of experience in the valuation of intellectual property assets.
Long Term expertise As one of the leading intellectual property firms in Europe, Gevers has been providing these services for over many years, to various types of clients from start-ups and SMEs to large group operations and in different contexts licensing, assignment, interco transactions, IP tax regimes….
To address these factors, regular review and re-prioritization of incoming and active IP assets should be considered a normal course of action for your business. The timing for review may vary for different businesses and their IP portfolio sizes, but annual, quarterly or even monthly reviews to update and verify portfolio direction are not uncommon in many global businesses.
Intangible Asset & Intellectual Property Valuation: A Multidisciplinary Perspective
Strategy: It is often difficult for those who are not experienced in IP law to know which assets merit protection. That's why it is important to familiarize yourself with IP principles and develop an IP strategy for your business. Knowledge is power. It may also save you time and money. Once you have identified the intangible assets you may want to protect, you must determine which aspect of your intangible assets is protectable IP. To qualify for registration, an intangible asset must fall within the legal definition of protectable IP.
Strategy: Creating an IP strategy for your business will help you invest your money effectively. The cost of obtaining and maintaining IP protection should be weighed against how much competitive advantage, market exclusivity and investor confidence it's likely to bring you. Cost will vary depending on your needs and on the complexity of the work required.
The following is for information purposes only. Ask your IP expert to provide detailed estimates of fees and disbursements, including government fees. You should also ask about the likely timing of expenses to help you budget. IP commercialization allows a business to buy or in-license needed IP assets for business needs or to out-license IP assets with the goal of creating value through revenue, business growth or profits.
Both commercialization and monetization activities should be done while considering the strategic importance of the IP assets for example, whether they are core assets for your business or non-core assets that do not directly contribute to your business value. Commercialisation and Monetization actions both core and non-core should be considered.
Strategy: Commercialization or monetization via out-licensing of your IP rights may be an effective and low-risk way of growing your business, improving your products or services and increasing your profits. Commercialization via in-licensing or acquisition of other IP rights may also be an effective way of growing your business, improving your products or services and increasing your profits.
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A license is a legal agreement between an owner of IP "licensor" and another individual or group "licensee". The licensor permits the licensee to use the IP without transferring the ownership of the IP, in exchange for an agreed fee. Strategy: Commercialization or monetization via franchising your business model along with your IP rights can be a low-risk , low-cost way of expanding your proven business model. Franchising is an agreement wherein an individual or group "franchisee" is granted the right to use a business owner's "franchisor" proven business model, plus associated IP, and is also given training and support, in exchange for fees.
Franchising involves a special type of IP licensing arrangement. Strategy: Monetization through the sale of IP assets for your business may be an effective strategy to maximize the value of your business. Likewise, the purchase of IP assets to add to your IP portfolio to allow for more effective commercialization of your business may be an effective strategy.
IP assets should be assessed, valued and transferred strategically to realize their full value in a sale. A purchase, acquisition, sale or divestiture refers to the transfer of tangible or intangible assets through a purchase or sale to another entity. To streamline the purchase or sale of an IP asset, an IP broker may be utilized to facilitate the transfer.
As an independent third party and IP expert, they may assist in IP valuation, assist in negotiating a fair market price for the IP asset and provide support for the operational considerations of the transfer. You may also identify unused IP assets that can be sold or donated for tax purposes.
After your assessment, consider attributing a value to your IP assets, based on an IP valuation analysis. IP valuation is a fairly complex subject, and there is not yet a standard way of assessing the value of a piece of IP.
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For further information, we suggest you consult the following documents:. Strategy: The spin-off or technology transfer of your IP rights may be an effective way of growing your business, improving your products or services and increasing your profits. A spin-off is a buzzword that typically refers to transferring some tangible and intangible assets from an existing entity to a newly created business. Technology transfer is similar and typically refers to transferring the technology from your business to a secondary business.
It may involve a sale but may often include registered assets such as patents, skills, know-how or other trade secrets required to operate the technology as intended. Intangible assets can be bought, sold or secured against like tangible property. Generally, the value of an IP asset lies in your ability to prevent others from making, using or selling a product or service in a specific geography or market.
Businesses should consider valuation so they have an understanding of the value the asset contributes. However, assessing or calculating the value of an intangible asset in this context has many variables, and there are many reasons within a business for performing the valuation. Despite the variety of ways value can be recognized by interested parties, your business can consider the typical accepted qualitative approaches to valuation methods for the IP assets as one of the following:.
You should consider the challenges associated with each of these methods and confer with an IP expert to determine the appropriate valuation method for your business. Strategy: You may be able to use your IP assets to help you obtain financing from banks, venture capitalists, angel investors or government agencies, to build corporate value through joint venture agreements and strategic partners or to build revenue by licensing royalty income.
Toolip Valuation - Smart Patent Valuation for Professionals
You may be required to value your assets for accounting, compliance or infringement damages reasons. It is therefore important for you to understand the types of IP valuation reports and the considerations when valuing specific assets. Below are the considerations for valuing your IP assets. Varying standards or types of valuation methods apply in each case.
Patent Valuation – Valuation of Intellectual Property Assets
Businesses should consider that there are both negative and positive implications for defining a value to their IP assets. For example, a low valuation calculated for tax or transfer pricing purposes may trigger a similarly low valuation for future litigation damage assessments when you enforce your IP against an infringing third party, and vice versa. A joint venture JV is an independent business entity with ownership being held by two or more businesses.
JVs are formed to reduce the costs and risks associated with a new project by sharing the resources capital, employees, industry expertise and IP of two or more business partners. The IP owned by any one of the partners can be contributed to the JV through a licensing agreement fee for use or through assignment outright sale. Strategy: When you consider entering into a JV with another company, it is important to understand the scope of IP use and ownership, as well as the benefits and ownership needs of any new IP that may be developed as a result of the JV.
Even before forming a JV, businesses should consider the appropriate level of IP asset contributions and compromises they are willing to have. The following recommendations are relevant for all types of IP patent, copyright, trademark, trade secret, industrial design during the creation of contractual agreements to both form and operate a JV:. An understanding of these IP topics should enable your business and the partner business to define the scope of a JDA that aligns with their IP strategy and corporate needs, which will clearly define the IP ownership, use, restrictions i.
Locating the right JV partner is often linked to a business, technical or marketing strategy for a business, and there are many public resources to help identify JV opportunities for your business needs.
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For example, look for opportunities to sell or buy solutions for your business needs:. However, IP assessments or IP landscapes can generate partnership opportunities not found in many traditional public resources. Consider using IP intelligence or data to find or build stronger JV partners. If an IP gap is identified during the IP strategy creation process, IP landscaping of the marketplace or IP assessments of the technology or branding space may offer an advanced way for a business to generate high-quality JV leads to fill or collaborate with to fill such an IP gap.
For example, during an IP strategy analysis, IP gaps for your business may be identified where comparable IP assets may be assigned to a second company in a related market space, forming the basis for collaboration opportunities. Strategy: When you enter into a JV with another company, it is important to define and negotiate the use and ownership of your existing IP and any new IP that is developed as a result of the JV. You may wish to hire an IP professional to write and follow through on your application for IP protection and to help you develop effective IP use strategies for your business.
These would include when and where to apply for IP protection and how to avoid common IP pitfalls. IP professionals include registered patent agents and trademark agents. If you are exporting to foreign markets, the Find a Trade Commissioner page provides a list of trade contacts. For additional information, you can check out CIPO's IP Hub , which is a digital platform where you can navigate through the four stages of an IP journey and connect with services in the marketplace.
Discover the world of IP and find experts and funding to help you bring your ideas to life. Developing an IP strategy can be generally considered in the four following stages and may be applicable to your business as a whole or developed for a specific product or service: understand your business and IP develop your IP operations execute iterate Figure below — IP strategy process steps There is a process that can be scaled as you grow your venture to generate your IP strategy. The type of IP strategy you pursue will depend on the following: the type of intangible assets your business currently has or will generate the known IP strategy of your competitors and the broader marketplace an IP assessment to understand the best way to maximize the value of your IP for your business The result will be an IP strategy that is aligned with your business needs.
However, there are several general strategy frameworks that can be considered by any business, such as the following: Defensive: Creating and generating a defensive position against competitors and the marketplace to have a stable IP position against external threats for example, using open-source or patent strategies to give a freedom to operate position, deter competitors through defensive patent filing based on your product or service, or develop a robust trade secret program to ensure the protection of your confidential information from competitors.
Offensive: Creating and generating an offensive IP position against specific markets or competitors for example, filing blocking patents to prevent competitor growth or amassing a strong IP position to enable the enforcement of market leadership, which is often done through targeted patent or trademark filing strategies. Financial: Pursuing and protecting IP assets based on the ability to reduce IP costs or increase your financial position using IP assets for example, continuously reviewing active registered IP assets and maintaining only those you need while the remainder is divested or moved into the public domain.
Financially driven strategy may increase financial benefits for the company for example, building an IP portfolio in anticipation of a future business objective, such as an investor event, a merger and acquisition action or an initial public offering. Licensing: Creating, acquiring, or managing IP assets for the purpose of generating revenue through enforcement, commercialization or licensing opportunities for example, offering or negotiating access to the market through patent licensing, brand trademark licensing, information data under copyright sharing and licensing, or open source sharing.
Strategic: Creating and leading the marketplace with respect to IP assets, which gives you control of the market as it evolves for example, generating IP assets for use in cross-licensing or joint ventures, acquiring broad patent protection for foundational technology that may be embedded in standards, or creating market-critical IP assets [trademark on brands, copyright on data, patent on technology] in combination with early market leadership. Stage 2: IP operations Second, you should develop the IP strategy and operational details for your business.
Figure below — Overview of your operational plans Operationalizing your IP strategy is critical to any business or entrepreneur looking to reap the most value from their intangible assets.