⑸ Design mathematical models: Adopt internationally accepted theories and methods, design mathematical models based on the actual situation of the enterprise being evaluated, scientifically determine the values ??of various parameters, and conduct multiple computer calculations.
⑹Expert committee discussion: Expert advisory committee demonstrates the evaluation results
⑺Notify the customer of the evaluation results: Notify the customer of the evaluation results, and the customer pays the evaluation fee.
6. Materials required for patent right evaluation
⑴Basic company information: ①Industrial and commercial enterprise legal person business license and tax registration certificate, production license, etc. ②Company profile; ③Company articles of association ; ④ The distribution of corporate marketing networks; ⑤ Corporate product quality standards; ⑥ Related reports and evaluations of product quality and services by news media and consumers; ⑦ Others.
⑵Patent technical information: ①Introduction to the R&D status of the client’s patented products and the patent developer; ②Patent certificate and relevant legal documents such as acceptance, transfer, change (contract) and payment voucher; ③Patent specification ; ④ Patented technology basic situation survey form (see attached table); ⑤ Patented product project proposal, joint venture and cooperation letter of intent, feasibility study report or technological transformation plan; ⑥ Patented technology testing report, scientific and technological achievements appraisal certificate, patented technology search information , Technology evaluation by well-known industry experts, etc.; ⑦ Receipts and vouchers for patent application fees, maintenance fees, annual fees and other fees paid in the year; ⑧ Industry experts’ appraisal opinions on the novelty of the patented technology ⑨ Copy of the patent registration book
⑶Financial information: ①The balance sheet, profit and loss statement or financial income statistics related to patented products in the past five years (including the evaluation base date) of the client; ②The capital investment and cost statistics for patented product development and research (Table 1); ③ The client’s development plan for the next five years; ④ The client’s revenue forecast and preparation instructions for the patented product in the next 3-5 years (Form C).
⑷Other information: ①Patented product award certificate, high-tech enterprise certification. ② Letter of commitment to pay annual patent maintenance fees on schedule. ③Letter of commitment from the entrusting party.
2. Evaluation of proprietary technology
1. The concept of proprietary technology: proprietary technology, also known as non-patented technology and technical secrets, refers to unpublished and unapplied technologies. Patented knowledge and skills.
2. Characteristics: ⑴ Practicality ⑵ Novelty. ⑶ Value ⑷ Confidentiality.
3. The difference between proprietary technology and patented technology
p>⑴Proprietary technology is confidential, while patented technology is disclosed within the scope of the "Patent Law".
⑵Proprietary technology has a wide range of content, wider than patented technology .
⑶Patented technology has a clear legal protection period, while proprietary technology has no legal protection period.
⑷Patented technology is usually protected in accordance with the provisions of the Patent Law, and proprietary technology is protected. The laws that provide technology protection mainly include the "Contract Law of the People's Republic of China", the "Anti-Unfair Competition Law of the People's Republic of China", etc.
4. Affect the evaluation value of proprietary technology Factors
⑴The period of use of proprietary technology.
⑵The expected profitability of proprietary technology.
⑶Analyze the market situation of proprietary technology.
⑷The development cost of proprietary technology.
5. List of information required for the evaluation of proprietary technology rights
⑴The identity documents of the entrusting party and the asset possessor (Unit business license or personal ID card);
⑵Summary report of proprietary technology, including development history, participants and development costs;⑶Transfer and evaluation of proprietary technology, including: transfer Region, transfer method, transfer price, evaluation time, evaluation value;
⑷Technical inspection report and technical appraisal report of proprietary technology;
⑸Project feasibility study report;
p>
⑹Introduction to proprietary technology products;
⑺The production and sales status of this technology product (including the name of this technology product, production and sales quantity, and price);
⑻ Important sales contracts and sales networks;
⑼Confidentiality and protection of proprietary technology (confidentiality measures, contracts, etc.);
⑽Financial statements for the past three years;
⑾Relevant government approval documents;
⑿Information on the management of the asset owner ①Enterprise contract, articles of association, introduction, basic information table of the enterprise; ②Enterprise accounting system or accounting method; ③Internal management system ( Including production and operation, labor management, wage incentives, labor insurance benefits and property and material management systems, etc.); ④ Previous resolutions and decisions of the board of directors on important issues related to business management and financial accounting. ;
⒀Other information necessary for evaluation
3. Trademark rights
1. Trademark concept: A trademark is a mark of goods or services, and is a trademark of the producer or manufacturer of goods. A special mark used by operators on goods or services in order to distinguish their own goods or services from similar goods or services of others. This kind of mark is generally composed of text, graphics, letters, numbers, three-dimensional logos and colors, as well as combinations of the above elements. Trademarks are intellectual property rights and are part of industrial property rights.
2. Trademark classification
⑴ Classify according to whether the trademark has legal exclusive rights. According to whether a trademark has exclusive rights protected by law, it can be divided into registered trademarks and unregistered trademarks. What we call the evaluation of trademark rights refers to the evaluation of the exclusive right to register a trademark.
⑵ According to the composition of the trademark. According to the composition of trademarks, they can be divided into word trademarks, graphic trademarks, symbol trademarks, word and graphic combination trademarks, color trademarks, three-dimensional logo trademarks, etc.
⑶ Classification according to the different functions of trademarks. According to the different functions of trademarks, they can be divided into commodity trademarks, service trademarks, collective trademarks and certification trademarks.
3. Characteristics of trademark rights: Trademark rights are the rights and interests enjoyed by the trademark owner in accordance with the law after the trademark is registered. It is protected by law. Unregistered trademarks are not protected by law. Trademark rights are based on the time of application for registration, not the time of use. Trademark rights generally include exclusive rights (or exclusive rights), transfer rights, licensing rights, inheritance rights, etc.
4. Trademark evaluation concept: Trademark evaluation is the act of confirming, valuing and reporting trademarks based on specific purposes, following fair and legal standards and procedures, using appropriate methods, and providing a measure of value for assets.
5. Characteristics of trademark evaluation
⑴Reality. It refers to taking the evaluation base period as the time coordinate and evaluating the assets based on the market, environment, trademark reputation and expectations at this point in time;
(2) Marketability. It means that the trademark evaluation is based on the simulated market, with the trademark market and the principal market as the reference system, and re-describes the price attributes of the trademark; the validity of the trademark evaluation results is tested according to market standards;
⑶ Predictive. It refers to the potential of the trademark in future time and space to explain reality, such as using expected income to reflect the actual price of the trademark;
(4) Notarization and consultation. Notarization means that the trademark evaluation behavior is independent of the parties involved in the evaluation, and it serves the needs of the trademark business, rather than serving the needs of any of the conflicting trademark business parties; consultativeness means that the conclusion of the trademark evaluation is to provide professional services for the asset business. The evaluation opinion itself has no enforceable effect.
6. Main factors affecting the value of trademark rights
⑴Historical earnings status of trademarked products;
⑵Future profitability of trademarked products;
⑶Trademark status: Trademark status requires a detailed understanding of its influence, market conditions, competition, past performance, future plans and risk levels, etc. Specifically, there are the following seven influencing factors: ① Influence: the ability to influence the industry market. If a trademark is the trademark of a leading product in its market, its value is higher than other ordinary values. ②Viability. That is, the stability of the trademark. The value of trademarks with a long history and high consumer trust is higher. ③Market power. Refers to the market economic status of the trademark. ④ Radiation force. Refers to the ability of a trademark to transcend geographical and cultural boundaries. Trademarks that conform to international practices and tastes are more valuable than certain regional and regional trademarks. ⑤Trend force. It refers to the direction and influence of trademarks on the development direction of the industry. The long-term development trend of a trademark can well reflect its connection and synchronization with consumers. ⑥Support. It means that the value of trademarks that can obtain investment and key support is higher. ⑦Protective power. Refers to the legal rights of the trademark owner, that is, the protection ability of the registered trademark. The depth and breadth of legal protection for a trademark is important when evaluating a trademark.
7. Trademark evaluation procedures
⑴ Clarify the evaluation objects and scope;
⑵ Sign an evaluation contract;
⑶ Guide enterprises to conduct inventory, Fill in the asset report and collect and prepare information;
⑷On-site inspection to verify and verify the information;
⑸Prepare the assessment report;
⑹The assessment agency’s internal review, inspection and assessment report
⑺ The evaluation agency will send the official trademark value evaluation report, expert appraisal certificate, and license plate to the enterprise being evaluated.
9. List of information required from customers for trademark evaluation
⑴ Company profile ① Company development history, operating status and expected conditions. Operating performance (especially in the past five years), popularity and reputation; ② Enterprise production and operation overview: including the quality, output, process flow, products and honors and economic benefits of the enterprise's main products; ③ Enterprise system, composition, management level , Cultural quality; ④ Corporate legal person business license;
⑵ Trademark overview: ① Time of trademark registration, registration location, registration number, protection content, scope of use and type of trademark, whether there are other trademarks (including name ) ② The legal proceedings of the trademark, the popularity of the trademark, whether the trademark has participated in relevant international conventions and agreements (explanation in the attachment), etc.
③The culture and connotation of the trademark (Chinese characters, pinyin, graphics) and whether it has international registration; ④Legal documents related to trademark registration, including registration certificate, business license, import and export license, franchise, and production license; the enterprise's trademark , patent certificate
⑶ Enterprise financial and production and operation information ① Balance sheet and profit and loss statement for the previous five years; ② Enterprise product quality, output, process flow, export history and prospects; ③ Depreciation of enterprise fixed assets Method, original value of fixed assets, net value of fixed assets, technical transformation plan of fixed assets, estimated residual value of fixed assets; ④ Business strategy (long-term planning) of the enterprise. Especially the long-term planning for the next five to ten years; ⑤ Financial data forecast for the next five to ten years, including sales and production forecasts; production cost (manufacturing cost, period expenses, administrative expenses, sales expenses, financial expenses) forecast; depreciation and taxes; profit and loss forecasts. ⑥ Domestic and foreign peers’ investment income, average cost profit rate, and capital profit rate; ⑦ Sales (business) taxes, sales (operating) costs, sales (operating) expenses, and interest payments (financial expenses) as a proportion of sales (operating) income column, current situation and changing trends; depreciation accounts for sales (operating) costs not listed; ⑧ items and changing trends of non-operating income and non-operating expenses; ⑨ types of taxes and tax rates used by enterprises; what tax preferences are enjoyed; and status of profits turned over; ⑩ New investment in each year in the next five years, net additional fixed assets plan in each year; enterprise development is affected by related industries; purchase and sale contracts, cooperation agreements, leases, etc.; content and overview of intangible assets held by the enterprise.