Due to the different contents and influencing factors of intellectual property rights, the evaluation methods of intellectual property rights used to evaluate the value are also different.
(1) The object and scope of intellectual property evaluation shall conform to the current laws and policies of China and refer to international practices. The contents of intellectual property rights should include: patent right, trademark right, know-how, copyright, computer software, trade secrets, marketing network, franchise right and goodwill. The scientific classification of intellectual property rights is also helpful to confirm different intellectual property rights and evaluate them with scientific evaluation methods.
(2) Evaluation method of intellectual property market law: an evaluation method that uses the recent transaction price of the same or similar assets in the market to estimate the value of assets through direct or analogy analysis.
Income method: an evaluation method to judge the value of assets by estimating the present value of the expected future income of the assets being evaluated.
Cost method: first estimate the replacement cost of the appraised assets, then estimate the existing depreciation factors of the appraised assets, and deduct them from the replacement cost to get the value of the appraised assets. Market method, income method and cost method are some commonly used methods, but now the cost method and income method are more commonly used. However, these three methods are different in the evaluation of intellectual property rights because of their different evaluation objects, characteristics and connotations, so special attention should be paid to them.
(3) Factors affecting the evaluation value of legal factors of intellectual property rights: including the integrity of ownership, the degree of legal protection, the remaining service life, the actual scope of legal protection, etc. Technical factors: including the degree of patent innovation, the stage of technology development, the difficulty of technology being copied, the level of technology research and development, etc. Industrial factors: including the degree of industrialization, national policy adaptability, industrial application scope, etc. Economic factors: including economic prospects and economic scale.
(4) Intellectual property evaluation
1. Patent evaluation, including patent type, remaining validity period, annual fee payment, etc. Inventors whose patent rights have been approved by the government according to law enjoy exclusive rights and exclusive rights in the application and disappearance of their inventions and creations within a certain period of time. The evaluation of patent right should pay attention to the patent itself, such as whether the patent type belongs to invention patent, utility model patent or design patent, and distinguish clearly. Secondly, we should also pay attention to whether the patentee pays the annual fee for the validity of the patent in accordance with the regulations. If you don't pay the annual fee, you may not be insured. These problems should be highly valued in the evaluation process.
2. Evaluation of trademark rights, including registration, effectiveness and popularity. First, we should pay attention to the registered trademark licensed by the trademark owner. Because the trademark right is generated through registration, the registered trademark and the goods applied for are restricted and protected by law within the validity period, so the infringement of unregistered trademarks is of little significance. People who must use registered trademarks, drugs, tobacco products and other commodities may not use unregistered trademarks. Therefore, in the evaluation, we must first understand that its trademark evaluation must be registered, then it has the significance of evaluation. Secondly, whether the validity period of registration is close to the transfer period, because we should pay attention to the legitimacy of this trademark. Trademark transfer may be revoked because of violation, that is to say, the trademark registration and transfer license contract should be clear and relay. And who should bear the cost of reporting? This is what needs to be paid attention to in the evaluation. The popularity and influence of a registered trademark, whether it is a well-known trademark registered in China Internet Information Center or a famous trademark. Judging the popularity and influence of a trademark sometimes requires some investigation.
Considering the time, quality and sales area of this registered trademark comprehensively. In order to evaluate the value of intellectual property rights more accurately, we can classify intellectual property rights first, then consider its various influencing factors and evaluate the value by scientific and reasonable methods. At present, the commonly used methods of intellectual property evaluation are market method, income method and cost method. When evaluating assets, we need to consider the influence of various factors.
Legal basis:
Decision of NPC Standing Committee on Several Issues Concerning Litigation of Intellectual Property Cases, such as Patents.
In order to unify the adjudication standards of intellectual property cases, further strengthen the judicial protection of intellectual property rights, optimize the legal environment for scientific and technological innovation, and accelerate the implementation of the innovation-driven development strategy, the following decisions are made:
1. In highly specialized intellectual property civil cases, such as invention patents, utility model patents, new plant varieties, integrated circuit layout design, technical secrets, computer software and monopoly, if a party refuses to accept the judgment or ruling of first instance and appeals, it shall be tried by the Supreme People's Court.
Two, the parties to the patent, new plant varieties, integrated circuit layout design, technical secrets, computer software, monopoly and other professional technologies.