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As
technology continues to shape the global economy, many businesses, particularly
those that are technology-based, are discovering that intellectual property
(IP) now accounts for the majority of their value. As a result, rules governing
are changing the intellectual property valuation all across the
world. Intellectual property is
frequently difficult to assess, describe, and price appropriately due to its
intangible character. As a result, for global businesses involved in IP
transactions, accurate value is critical.
Importance
of intellectual property valuation:
Over the
last four decades, the move to a global service economy has upended traditional
ideas of value. Physical assets no longer account for the majority of corporate
value in the new service- and technology-oriented economy. The value of Ford or
GM in 1960 would have been largely in their manufacturing facilities and
inventories; by contrast, the value of Tesla now is primarily in the company's
underlying technology and intellectual property, rather than the automobiles it
produces.
Other
manufacturing firms are in the same situation. In most industries, IP is
growing more essential for manufacturers, as their trade secrets and other
intangible property are what set them apart from rivals.
In order to
determine sales, licensing, or transfer price for IP assets, as well as for
merger and acquisition (M&A) activities, assessing the Intellectual Property valuation is important. However, IP value is challenging due to
the complexity of valuing intangible assets and the constantly changing rules
regulating of IP valuation, which differ from country to country.
Methods
for Intellectual Property Valuation:
When it comes to valuing intellectual property, there are two common
approaches.
Income
Method: Intellectual
property valuation based on the IP's expected future cash flows.
Market
Method: To
estimate a market price, IP valuation relies on observations of real
third-party transactions of comparable intellectual property.
Different intellectual property valuation methodologies can produce radically disparate outcomes, which is why it's critical for firms transferring IP across subsidiaries to select the most appropriate approach. The most trustworthy approach is not always the one that produces the best financial results for the company, but rather the one that is fair to both parties in the IP transaction—and defendable in the event that tax authorities challenge it.
Ideas
for Getting Reliable IP Valuation Results
IP valuation
is not just the most complicated and contentious element of intellectual
property valuation businesses' work, but it's also the sector with the most
substantial planning and optimization potential. Here are some suggestions for
managing and valuing IP assets:
Be
practical and logical:
If the
financial rewards associated with certain intellectual property appear to be
too good to be true, they most likely are. It's probably not the most
trustworthy intellectual property value methodology to apply if both the buyer
and the seller find the results too appealing to one side or the other.
Evaluate
the potential outcomes:
Conducting
testing to assist assess the outcomes for both the buyer and the seller is one
of the best practices to follow. You may be certain that the techniques used
are reliable if it appears that both the buyer and the seller would consider
the IP transaction to be economically fair.
Expect
valuations to be disputed:
IP valuation
is contentious, and tax authorities frequently disagree. As a result, taxpayers
should approach IP valuation with caution. Companies should pick the
intellectual property valuation technique that is the most defensible in the
case of a dispute, not necessarily the one that produces the most appealing
financial results, as previously stated.
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