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Sec of
Companies Act,
2013
Purpose Details
Sec 62(1)(c) Issue of new shares Price of such shares should be
determined by the valuation report of
a Registered Valuer
Section 192 (2) Non-cash transactions with
Directors
The value of the assets has to be
calculated by a Registered Valuer
Sec 230 (2) &
(3) , Sec 232
Compromise,
Arrangements,
Amalgamations
Valuation report in respect of shares,
property or assets, tangible and
intangible, movable and immovable or
a swap ratio report by a Registered
Valuer.
Sec 236 Purchase of minority
shareholding
The minority shareholding at a
valuation determined by the
Registered Valuer.
Section 281 (1)
(a) and Section
305 (2) (d)
Winding up of a company A valuation of assets of the company
Section under
Companies Act,
2013
Details
Schedule III Separate line item in Balance Sheet under
“Non-Current Assets”
Schedule II Depreciation/Amortisation of intangible assets –
applicability of Accounting standards,
 Intangible assets (Schedule III)
 (i) Classification shall be given as:
 (a) Goodwill;
 (b) Brands /trademarks;
 (c) Computer software;
 (d) Mastheads and publishing titles;
 (e) Mining rights;
 (f) Copyrights, and patents and other intellectual
property rights, services
 and operating rights;
 (g) Recipes, formulae, models, designs and
prototypes;
 (h) Licences and franchise;
 (i) Others (specify nature).
Section of IBC Details
Sec (18)(f) (iv) IRP will take control & custody of intangible
assets also besides all other assets
Sec 36(3)(d) “Liquidation Estate” includes intangible
assets including but not limited to
intellectual property, securities
(including shares held in a subsidiary of the
corporate debtor) and financial
instruments, insurance policies, contractual
rights;
 Patents (Amendment) Act 2005 & Patents (Amendment)
Rules, 2006
 Trade Marks Act, 1999 & Trade Marks Rules 2002
 Copyright Amendment Act 2012
 Indian Accounting Standards
 AS26 – Intangible Assets- Recognition, Measurement,
Amortisation & Disclosures
 AS14 –Valuation of Intangible Assets acquired by way
of Amalgamation
 AS12 – Valuation of Intangible Assets acquired by way
of Government Grant
 AS22 – Deferred Tax Assets
 AS19 – Accounting for Leases
 AS21 – Goodwill arising on consolidation
 Legal provisions – International
 WIPO – World Intellectual Property Rights Organization
 The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS)
 THE PATENT COOPERATION TREATY
 International Financial Reporting Standards(IFRS)
 IAS38 – Intangible Assets
 IAS13 – Fair value Measurement
 IAS 36 – Impairment of Assets
 IFRS 3 – Business Combinations
 Legal provisions – International
 International Financial Reporting Standards(IFRS)
 IAS38 – Intangible Assets
 IAS13 – Fair value Measurement
 IAS 36 – Impairment of Assets
 IFRS 3 – Business Combinations
 WIPO – World Intellectual Property Rights
Organization
 The Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
 THE PATENT COOPERATION TREATY
 Disclosures under Indian accounting standard
AS26
 Useful life of the asset, limited to a maximum
of 10 years
 Amortisation method and period of
amortisation
 Original value and value after amortisation
 Gross carrying amount, reconciliation of
amount at the end of the period
 Impairment losses recognised in the P&L
account
 Any change in amortisation method or residual
value
 Different classes of assets to be disclosed
separately
 Disclosures under IFRS – IAS38
 Different classes of intangible assets
 Distinguish between internally generated and
other intangible assets
 Useful life
 Amortisation method
 Gross and net carrying amounts
 Additions and deletions
 Increases or decreases due to impairment
recognised in the other comprehensive income
 Impairment losses
 Intellectual property (IP) refers to creations of the
mind, such as inventions; literary and artistic
works; designs; and symbols, names and images
used in commerce.
 It includes Trademarks, Copyrights, Patents,
Industrial Designs and in some jurisdictions Trade
Secrets.
 Patents
 Trademarks
 Copyrights
 Trade secrets
Designs
TRADEMARK
DESIGNS
PATENT
TRADE SECRETS
COPYRIGHT
 Registrars’ files
 Curatorial files
 Retail
 Publications
 Marketing
 Legal
 Director’s office
 Contracts dept.
 Photography
 Archives
 Film/Video
 Information
Technology
 Exhibition
 Education
• An economic resource.
• Anything tangible or intangible that is capable of
being owned or controlled to produce value and
that is held to have positive economic value is
considered an asset.
• An item of economic value owned by an
enterprise that could be converted into cash
• “An asset is a resource controlled by the enterprise
as a result of past events and from which future
economic benefits are expected to flow to the
enterprise”
Assets
Tangible
Building Machinery
Intangible
Goodwill
Intellectual
Property
 Intangible asset – knowledge based
 Legal Right to exclude others from using
 Limited duration
 Assignable/ Licensable/Transferable
 Can be bought, sold, licensed, or given away free
 Multi-usable
 Use does not exhaust
26
Legal and Business Intangible
Trade mark
Copyright
Patent
Brand
Legal Goodwill
Customer List
Customer
Loyalty
In house
Intellect
Business
Intellectual property derives its value from a
wide range of significant parameters such as
7. New Technologies
6. Growth projections
5. IP’s profitability
4. Industrial and economic factors
3. Legal Protection
2. Barriers to entry
1. Market Share
 Legal provisions – International
 International Financial Reporting Standards(IFRS)
• International Financial Reporting Standards (IFRS) is a set of accounting standards developed by an
independent, not-for-profit organization called the International Accounting Standards Board (IASB)
 WIPO – World Intellectual Property Rights Organization
• The World Intellectual Property Organization is one of the 17 specialized agencies of the United
Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of
intellectual property throughout the world"
 The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS)
• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an
international legal agreement between all the member nations of the World Trade Organization
(WTO)
 THE PATENT COOPERATION TREATY
• The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in
1970. It provides a unified procedure for filing patent applications to protect inventions in
each of its contracting states. A patent application filed under the PCT is called an
international application, or PCT application
New
patents
Revocation
of Patents
Infringement
suits
Trade Secrets
Weak
Enforcement
Regimes
 Analyze legal status of rights (e.g.PD)
 Register copyrights, trademarks, & domains
 Track renewal dates
 Track status and ownership
 Track license restrictions
 Ensure proper © and ®
 Develop technical requirements
 Invest in software and/or Intranet
Intellectual Property Controlled By
Trademarks & Patents Controller General of
Patents Designs and
Trademarks, Department of
Industrial Policy and
Promotion, Ministry of
Commerce and Industry.
Copyrights Copyright Office, Copyright
Societies, Government of
India
 A name (including personal or surname of the
applicant or predecessor in business or the
signature of the person)
 A coined word or an invented word or any
arbitrary dictionary word or words, not being
directly descriptive of the character or
quality of the goods / service
 alphanumeric or Letters or numerals or any
combination thereof.
 Logo, Image, symbol, monograms, 3
dimensional shapes, letters etc.
 Sound marks in audio format
 Trademark search
 Search whether similar to already registered trademark
 Create trademark application
 If search reveals no similar trademark already registered
– prepare the Trade Mark application
 Trademark registration
 The Trade marks office will first check your application
to see if it's already been taken. If it has, a trademark
objection will be raised.
 If it has no objection, it makes an advertisement in the
Trade Marks Journal.
 If there is no opposition from other businesses in the
next four months, your trademark is registered around
six months later
 Fees for trademark registration Rs. 4500/- per class
for SME
 Documents required for filing a Trade Mark
Application
 Trademark or logo copy
 Applicant details like name, address and
nationality and for company: the state of
incorporation
 Goods or services to register
 Date of first use of the trademark in India, if
used by you prior to applying.
 Power of attorney to be signed by the applicant
 Even biggest businesses like coca-cola, Siemens, Apple
protect their business by means of trademark.
 The trademark would be important asset for your business
and contributes to the goodwill generated.
 With registered trademark you can stop others from using
your trademarked business name / logo etc with regards to
goods or services it is registered
 Trademark can considered just like any other form of asset
like real estate, as it can be sold, licensed or assigned
 It guarantees the identity of the origin of goods and
services.
 It stimulates further purchase.
 It serves as a badge of loyalty and affiliation.
 It may enable consumer to make a life style or fashion
statement.
 Define the invention (idea or concept) with as much
details as possible
 Collect all the information about your invention such
as:
 Area of invention
 Description of the invention what it does
 How does it work
 Advantages of the invention
 include drawings, diagrams or sketches explaining
working of invention
 Check whether the invention is patentable subject
matter
 Confirm Eligibility
 Novelty, Non-obvious, Industrial application & Enabling
 Novelty means the information you have written in the specification of
your patent application (subject matter) is not published or know to or
available to public in India or elsewhere before the date of filing of the
patent.
 An inventive step: a subject matter in patent application having
inventive step means, the invention disclosed is not obvious to a person
skilled in the art. Especially with reference to the prior art or the
information already know or available to the public. In other words, the
invention should not be obvious to people who are from the same field of
invention.
In other words, the inventive step means an aspect of the invention that
involves a Technical advance or economic significance or both with
respect to existing knowledge, thus making invention non obvious to a
person skilled in the art.
 Industrial application: as the name suggest, invention to be patented
should have a utility that is it is capable of being made and used in an
industry.
 Enabling: This criterion suggests that the information disclosed in the
proposed invention should be sufficient to reduce it in to practice. And
this information must be included in to the patent application for the
invention.
 Submit application
 Publication of application
 Request for examination
 Respond to objections, if any
 Clear all objections
 Inventions related to atomic energy
 abstract ideas
 laws of nature or anything contrary to well
established natural laws
 physical phenomenon
 discovery of any living thing or non living
substance
 method of agriculture or horticulture
 new form of know substances
 method of playing games
 any aesthetic creations
 anything that causes a serious harm to human
 animal, plant life
IP assets, when properly managed, can:
 motivate and help generate revenues from product sales and
 licensing royalties;
 increase high value exports;
 attract high-value foreign direct investment (FDI) and joint ventures;
 help retain and motivate technical personnel;
 stimulate research and development (R&D) based industries;
 create employment;
 support educational and research institutions;
 enhance corporate valuation;
 promote funding for R&D, which provides and enhances needed
 technologies and products;
 provide bargaining power in technology transfer negotiations;
 help to gain access to goods and technologies through licensing
agreements.
Valuation? Easier said than done!
Valuation of
Intangible Assets???
 Valuation is a process of determining value or
worth of an asset
 Valuation often combines objective and subjective
considerations
 WHAT ARE YOUR IP ASSETS WORTH?
 TO WHOM ARE THEY VALUABLE?
 IS THE VALUE FINANCIAL?
 ARE THEY MEASURABLE INDEPENDENTLY
OR ONLYAS PART OF A COLLECTIVE
WORK?
 (e.g a database)
IP valuation dependent on various factors like-
 Use of the IP assets
 Market share of company
 Openness of economy
 Legal protection of IP
 Enforcement cost
 Economic growth
 Profile of economy
 Litigation
 IP audit (management tool)
 Licensing
 Joint ventures (collaborations)
 Merger and acquisition
 Financial reporting
 Financing
 Investment transactions
• For commercial transactions
• For pricing product
• For evaluating potential merger or acquisition
candidates
• For identifying and prioritizing assets that drive
value
• For strengthening positions in technology transfer
negotiations
• For making informed financial decisions on IP
maintenance, commercialization and donation
 For evaluating the commercial prospects for early
stage Research & Development (R&D)
 For evaluating R&D efforts and prioritizing
research projects
 For Financing securitisation
 For litigation
 For tax planning
 Tool in a decision making process – provides management
with useful information as a base for decisions in pre
commercial and commercialization phase;
 Important part of the technology transfer processes –
collaborations, sponsorships, licensing, establishing of the
start – ups, etc;
 Enables fund raising;
 Communication tool – about the value of technologies
developed by R&D, and products based on them;
 Supports learning process – how to add value to the
organizational processes, human capital, research results, IP
etc;
 Monitoring on return on investment;
 Litigation – rare situation for publically funded research
institutions.
• Can give a better idea of the overall value of the
business
• Can provide a tool to measure and manage the
assets
• Can provide security and backing for lenders
• Can provide taxation benefits (taxation deductions)
• Can reduce the proportion of business’ net worth
attributed to goodwill – important when selling a
business
 Business enterprises acquire intangible assets
 By Internal generation
 By Research & Development
 By Purchase
 Through merger with another entity
 Through licence or franchise
 By Goodwill
 Recognition criteria
 The asset is Identifiable
 The enterprise controls the intangible asset
 Future Economic Benefits will flow to the
enterprise
 Methods of valuation
 General Approach
 Modern Approach
 General Approach Methods
 Historical cost or acquisition cost method
 Fair value method
 Modern Approach
 Income method
 Market Value method
 Relief from Royalty method
 Technology Factor method
 Direct Intellectual Capital Method
 Market Capitalization Method
 Return on Assets Method
 Score cards Method
Sl.No. Valuation Method Risk/Disadvantages Usage
1 Income Method Accurate projection of future income
streams, Discount rate used
Used where income
streams are easily
identified
2 Market Value method Intangible assets are not frequently
traded. Difficult to get details on
transactions.
Used where comparable
market transactions are
available
3 Cost Approach Does not recognise any economic benefits
associated with market place activity.
Used mostly for
accounting purpose
4 Relief from Royalty method Finding appropriate Royalty Rate Used where Income
streams can be identified
and rate of royalty is
available
5 Technology Factor
Approach
Depends on appropriate selection of
attributes and weightage. Highly
subjective.
Used where unique
technology is involved
6 Return on Assets method Cost based Used where there is huge
capital expenditure is
required
7 Direct Intellectual Capital
method
Historical Cost based. Sometimes it may
not be possible to segregate the cost
attributable to a particular intangible
asset.
Used mostly with
technical knowhow,
Research and
Development
8 Score Card Method Identification of appropriate components
is critical for the success of this method.
Used where non-financial
parameters are more
significant
Income Approach Cost Approach
Market Approach
Valuation Techniques
Most recent
comparable
transactions / Multiples
Current price on
active market Relief from
Royalty Method
Excess Earnings
Method
Incremental Cash
Flow Method
Reproduction
Cost Method
Replacement
Cost Method
IP Valuation Techniques
Key Considerations in Valuation
 Ensure correct definition of assets and who owns them
 In valuing the IP, identify/carve-out the cash flows that it
generates
 Select an appropriate valuation methodology and cross-
check against other approaches
 Depending on the purpose of the valuation, it may be
important to seek expert legal advice, particularly if it
relates to a transaction or dispute
 Valuation of IP is a subjective area involving a high degree
of technical complexity
 Where there is a lot at stake, it is advisable to seek expert
assistance
 In most cases, IP valuations will be challenged and
consequently the experience and credibility of the valuer is
of paramount importance
 Determinants of Value
◦ Benefit Stream – Cash flows over the next so many years –
how much?
◦ Time period – how long?
◦ Risk – how stable/variable are the above two factors?
 Brand Equity Metrics
◦ Relative Perceived quality /Loyalty/retention
◦ Total number of customers/Consumer satisfaction
◦ Awareness /Perceived quality/esteem
◦ Market share (volume or value)
◦ Complaints (dissatisfaction level)
◦ Distribution/availability
 What adds value to a Brand?
◦ Sustaining value by delivering what the brand promises
◦ Emotional touch by the brand
IP Valuation Dynamics
 Transactional/Market Approach
 Cost Approach
 Income Approach
• Sales comparison approach
• It is based on actual price paid for a similar or
comparable IP under similar/comparable
circumstances
• Need complete data
• Problem in getting full details
• Two steps: screening and adjustments
• Screening is identifying third party transactions
• Adjustments are in Location, Advertising support,
IP strength and period of licence
• Attempts to determine the value of the IP by computing
the present value of cash flows, attributable to that
piece of IP, over the useful life of the asset.
• Does not capture the unique independent risks
associated with patents. All risks are lumped together
and are assumed to be appropriately adjusted for in the
discount rate and the probability of success, rather than
being broken out and dealt with individually (i.e., such
as legal risk, technological risk, piracy, etc.)
• Further, often DCF fails to consider dependencies on
properties held by others. In roughly 40 percent of
cases, patents depend on other patents or property held
in the public domain
• Estimates the value of underlying IP asset basing
on historical cost incurred in developing the asset
• Two approaches
• Replacement Cost: The cost to develop similar
functionality to the subject IP outside the scope of
the legal protection
• Reproduction cost: Cost of reproducing the IP
product or service or procedure
 Has limited value
 Used for
• Patents
• Software
• Designs
 When
• Asset is newly created with limited protection
• Commercially untested
• Where reproduction cost best estimate of value
• Buyer unwilling to pay more than cost to recreate
or engineer around protected design
 Components of Cost Value Assessment
• Materials
• Labor
• Overhead
• Developer’s/entrepreneur’s profit
• Taxes
 Net present value
• Calculating the future value of intellectual asset
(investment) at present time
• NPV= A(1 + r)-n i.e. NPV = A[1/(1 + r)n]
where: NPV= net present value (i.e. DCF);
A= amount expected at year n; r
= risk factor
• Qualitative and quantitative characteristics of the
patent(s), including the specific patent claim
• Earnings capacity and profitability relating to the
patent(s)
• The impact of known blocking patents
• Any current or previous licensing of the patent
• Legal rights and restrictions to the patent(s),
including foreign patent protection
 Contracts associated with the patent(s)
 Competition, barriers to entry and risks associated
with the patent(s)
 Product life cycles and positioning
 Historical growth and prospects for the future
 Alternative uses for the patent(s)
• Qualitative and quantitative characteristics of the
trademark(s)
• Earnings capacity and profitability relating to the
trademark(s)
• Market share supported by, or as a result of the
trademark(s)
• Market recognition analysis of the trademark(s)
• Legal rights and restrictions to the trademark(s)
• Contracts associated with the trademark(s)
 Competition, barriers to entry and risks associated
with the trademark(s)
 Product life cycles and positioning
 Historical growth and prospects for the future
 Exploitation opportunities of the trademark(s) into
new markets/products
• Qualitative and quantitative characteristics of the
brand name(s)
• Earnings capacity and profitability relating to the
brand name(s)
• Market share supported by, or as a result of the
brand name(s)
• Market recognition analysis of the brand name(s)
• Legal rights and restrictions to the brand name(s)
 Contracts associated with the brand name(s)
 Competition, barriers to entry and risks associated
with the brand name(s)
 Product life cycles and positioning
 Historical growth and prospects for the future
 Exploitation opportunities of the brand name(s)
into new markets/products
 Intrinsic value
 Ability to generate cash flow
 Income Approach: Based on the income-producing
capability of underlying IP asset
 Seeks to establish the net present value (hence use of
discounted cash flow [DCF])
 Decision tree analysis (DTA)-based on an underlying DCF
analysis and moves further to take into consideration
flexibility available.
 PV = I1(1+r)-1 + I2(1+r)-2 + I3(1+r)-3….+ In(1+r)-n
 Where PV = Present value of IP asset
 I = Economic income projection
 r = Discount rate
 n = Year
 An income stream either from product sales or
licensure of the patent
 An estimate of the duration of the patent’s useful
life
 An understanding of patent specific risk factors
and incorporating those into the valuation
 A discount rate
INCOME METHOD VALUATION
Annual cash flow
expected
10.0 Cr.
Useful life 8 years
Discount rate 11%
Present value 34.7 Cr
Income method of valuation -discounted cash flow from an
intangible asset
INCOME METHOD
The value of the intangible asset is taken as 34.7 cr.
Excess Earnings Method
 Under this method ROA is calculated by dividing average pre-tax
earnings of a company by average tangible assets of the company.
 The above ROA is compared with industry average. The difference
between the industry average ROA and the Company’s ROA is multiplied
by average tangible assets is taken as the average earnings from the
intangible assets. This divided by average cost of capital of the company
gives the value of the intellectual capital.
 ROA = Average pre-tax earnings / average tangible assets.
Return on Assets Method
Average pretax earnings 50 lakhs
Tangible Assets 250 lakhs
Return on Assets (ROA) of the entity 20%
Industry average ROA 15%
Excess return 5%
Earnings from Intangible Assets 5% X 250 = 12.5
Average cost of capital 14%
Value of intangible assets 12.5/14%= 89.3 lakhs
 When
 Focus is on market transactions – sales/licenses
 IP transaction details highly confidential
 Assets typically not comparable
 Different underlying IP assets
 Different compensation structures
 Different geographic territories
 Different market potentials/degree of success
Disclose properly or regret?
Significance of
Disclosure
Whether Intangible
Asset is a new source
of funding???
Sources of Funding
81
Intangible as a Rising Source of raising
fund
Intangible assets are non physical asset bearing
Economic Benefits
Some companies intangible assets may have
such a bearing on the business’ value that
shareholders are willing to go great lengths and
expend funds
Intangible asset’s influence on business value
may be simply temporary, subject to the
gyrations of the stock market, consumer
sentiment, and unrelenting competition.
82
Financial Institutions and Intangible assets
Core
depositor
relationships
Mortgage
and other
loan ser-
vicing
relationships
Computer
software
Manuals,
systems, and
procedures
Trained and
assembled
workforce
Service
marks and
service
names
Commercial intangible assets that are common to
the banking and thrift industries
 In Mergers and Amalgamations
 Business Acquisitions
 Fund Raising
 In making strategic alliances, Joint ventures
 For knowledge of investors/financiers
 Financial Reporting purpose
 Licensing
 Liquidation
Company Name % of Brand
Contribution to
Market
Capitalisation
Coca Cola 45%
Disney 65%
Mercedes Benz 40%
IBM 37%
Intel 30%
Famous Brand Acquisitions
 Sun Pharma to acquire branded oncology product Odomzo®
from Novartis upfront payment of USD 175 million (2016)
 Facebook acquired WhatsApp $19 billion (2014)
 Facebook acquired Instagram for $1 billion (2012)
 Google acquired YouTube for$1.65 billion in 2006
 Amazon to Acquire Whole Foods grocery chain for $13.7
Billion (2017)
 Flipkart owned Myntra acquires Jabong for $70mn (2016)
 Flipkart offers $1 billion for Snapdeal (2017)
 Sun Pharma acquired Israeli company Taro for $454 million
92010)
 Cipla, two US-based generic companies InvaGen and Exelan,
worth $550 million (2016)
 Godrej acquired Genteel(liquid detergent) and Swastik
(Shikakai and Neem soap) brands (2010)
86
Case Study
With the loans to Kingfisher Airlines (KFA) turning into a non-performing
asset (NPA), the Reserve Bank of India (RBI) has asked banks not to treat
“Kingfisher brand”, an intangible asset, as collateral
RBI’s instruction to banks is the principle of lending to and on the back of all
intangible and knowledge assets. By permitting banks to finance investments
in an intangible asset such as spectrum and seeking bank’s recourse to it in the
event of a default, RBI had moved forward on intangible asset financing.
87
Case Study
Statement
of
Operations
Year
ended
2013
Year
ended
2012
Revenue 10.2 million 3.8 million
Total cost and
expenses
148.7
million
59 million
Net Loss 138 million 54.7 million
Lack of Recognition of Technology Factor Approach Technology Factor approach is
useful only where there is an underlying technology. Accounting standards do not
recognize this method. For e.g, One of biggest technology deals for 2014 was the
Facebook acquisition of WhatsApp for $19 billion.
WhatsApp Revenues:
It can be seen that WhatsApp’s total losses were close to $138 million in 2013 alone,
against a revenue of $10.2 million. This is much more than the $3.8 million revenue in
2012, but the losses in 2012 for WhatsApp stood at $54.7 million, which means that in
2013 the messenger’s losses were more than double. Given that WhatsApp is
essentially a free service with no ads, the source of revenue was never really there.
However, Facebook is a social media company and getting WhatsApp is a way to ensure
that the company has key products in the three most important spaces in mobile
which are: Social media, photographs (Instagram) and social messaging via WhatsApp.
88
Case Study
Cost of an intangible asset is bound to change over a period of time. Also, it
does not take into account change in economic factors, market factors and
other external factors. which may affect the value.
For example, recently Volkswagen brand value was adversely affected due to
emission issues of its cars.
Similarly, the brand value of Samsung took a beating when one of its
mobile phone model Galaxy 7 caught fire in a flight.
 Commitment – a measure of the Corporate’s commitment to or belief in its brand
 Protection – examines how secure a brand is across a number of dimensions
 Clarity – the brand’s values, positioning and proposition must be clearly articulated
 Responsiveness – looks at a brand’s ability to adapt to market changes, challenges and
opportunities.
 Authenticity – does the brand have a defined heritage & a well-grounded value set.
 Relevance – estimates how well a brand fits with customer needs, desires and decision
criteria
 Customer understanding – of the brand and the associated enterprise
 Consistency – fail-free experience across all touch-points and formats.
 Presence – the degree to which the omnipresence of the brand is felt
 Differentiation – the degree to which customers perceive the brand to have a positioning
that is distinct from the competition
10 Principles of Strong Brands
Brand Values - India
Brand Values - Global
As stated above It is very important and
significant for the Companies and other
entities to have the valuation of their
intangible assets in order to know the true
value of their business And have the
valuation balance sheet.
It also ensure accounting, tax and
regulatory compliance vis-à-vis intangible
Assets
Conclusion
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IP (Intellectual Property) presentation for CS.pptx

  • 1.
  • 2. Sec of Companies Act, 2013 Purpose Details Sec 62(1)(c) Issue of new shares Price of such shares should be determined by the valuation report of a Registered Valuer Section 192 (2) Non-cash transactions with Directors The value of the assets has to be calculated by a Registered Valuer Sec 230 (2) & (3) , Sec 232 Compromise, Arrangements, Amalgamations Valuation report in respect of shares, property or assets, tangible and intangible, movable and immovable or a swap ratio report by a Registered Valuer. Sec 236 Purchase of minority shareholding The minority shareholding at a valuation determined by the Registered Valuer. Section 281 (1) (a) and Section 305 (2) (d) Winding up of a company A valuation of assets of the company
  • 3. Section under Companies Act, 2013 Details Schedule III Separate line item in Balance Sheet under “Non-Current Assets” Schedule II Depreciation/Amortisation of intangible assets – applicability of Accounting standards,
  • 4.  Intangible assets (Schedule III)  (i) Classification shall be given as:  (a) Goodwill;  (b) Brands /trademarks;  (c) Computer software;  (d) Mastheads and publishing titles;  (e) Mining rights;  (f) Copyrights, and patents and other intellectual property rights, services  and operating rights;  (g) Recipes, formulae, models, designs and prototypes;  (h) Licences and franchise;  (i) Others (specify nature).
  • 5. Section of IBC Details Sec (18)(f) (iv) IRP will take control & custody of intangible assets also besides all other assets Sec 36(3)(d) “Liquidation Estate” includes intangible assets including but not limited to intellectual property, securities (including shares held in a subsidiary of the corporate debtor) and financial instruments, insurance policies, contractual rights;
  • 6.  Patents (Amendment) Act 2005 & Patents (Amendment) Rules, 2006  Trade Marks Act, 1999 & Trade Marks Rules 2002  Copyright Amendment Act 2012  Indian Accounting Standards  AS26 – Intangible Assets- Recognition, Measurement, Amortisation & Disclosures  AS14 –Valuation of Intangible Assets acquired by way of Amalgamation  AS12 – Valuation of Intangible Assets acquired by way of Government Grant  AS22 – Deferred Tax Assets  AS19 – Accounting for Leases  AS21 – Goodwill arising on consolidation
  • 7.  Legal provisions – International  WIPO – World Intellectual Property Rights Organization  The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  THE PATENT COOPERATION TREATY  International Financial Reporting Standards(IFRS)  IAS38 – Intangible Assets  IAS13 – Fair value Measurement  IAS 36 – Impairment of Assets  IFRS 3 – Business Combinations
  • 8.  Legal provisions – International  International Financial Reporting Standards(IFRS)  IAS38 – Intangible Assets  IAS13 – Fair value Measurement  IAS 36 – Impairment of Assets  IFRS 3 – Business Combinations  WIPO – World Intellectual Property Rights Organization  The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)  THE PATENT COOPERATION TREATY
  • 9.  Disclosures under Indian accounting standard AS26  Useful life of the asset, limited to a maximum of 10 years  Amortisation method and period of amortisation  Original value and value after amortisation  Gross carrying amount, reconciliation of amount at the end of the period  Impairment losses recognised in the P&L account  Any change in amortisation method or residual value  Different classes of assets to be disclosed separately
  • 10.  Disclosures under IFRS – IAS38  Different classes of intangible assets  Distinguish between internally generated and other intangible assets  Useful life  Amortisation method  Gross and net carrying amounts  Additions and deletions  Increases or decreases due to impairment recognised in the other comprehensive income  Impairment losses
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  • 13.  Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.  It includes Trademarks, Copyrights, Patents, Industrial Designs and in some jurisdictions Trade Secrets.
  • 14.  Patents  Trademarks  Copyrights  Trade secrets
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  • 22.  Registrars’ files  Curatorial files  Retail  Publications  Marketing  Legal  Director’s office  Contracts dept.  Photography  Archives  Film/Video  Information Technology  Exhibition  Education
  • 23. • An economic resource. • Anything tangible or intangible that is capable of being owned or controlled to produce value and that is held to have positive economic value is considered an asset. • An item of economic value owned by an enterprise that could be converted into cash • “An asset is a resource controlled by the enterprise as a result of past events and from which future economic benefits are expected to flow to the enterprise”
  • 25.  Intangible asset – knowledge based  Legal Right to exclude others from using  Limited duration  Assignable/ Licensable/Transferable  Can be bought, sold, licensed, or given away free  Multi-usable  Use does not exhaust
  • 26. 26 Legal and Business Intangible Trade mark Copyright Patent Brand Legal Goodwill Customer List Customer Loyalty In house Intellect Business
  • 27. Intellectual property derives its value from a wide range of significant parameters such as 7. New Technologies 6. Growth projections 5. IP’s profitability 4. Industrial and economic factors 3. Legal Protection 2. Barriers to entry 1. Market Share
  • 28.  Legal provisions – International  International Financial Reporting Standards(IFRS) • International Financial Reporting Standards (IFRS) is a set of accounting standards developed by an independent, not-for-profit organization called the International Accounting Standards Board (IASB)  WIPO – World Intellectual Property Rights Organization • The World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"  The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) • The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO)  THE PATENT COOPERATION TREATY • The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed under the PCT is called an international application, or PCT application
  • 30.  Analyze legal status of rights (e.g.PD)  Register copyrights, trademarks, & domains  Track renewal dates  Track status and ownership  Track license restrictions  Ensure proper © and ®  Develop technical requirements  Invest in software and/or Intranet
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  • 32. Intellectual Property Controlled By Trademarks & Patents Controller General of Patents Designs and Trademarks, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyrights Copyright Office, Copyright Societies, Government of India
  • 33.  A name (including personal or surname of the applicant or predecessor in business or the signature of the person)  A coined word or an invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods / service  alphanumeric or Letters or numerals or any combination thereof.  Logo, Image, symbol, monograms, 3 dimensional shapes, letters etc.  Sound marks in audio format
  • 34.  Trademark search  Search whether similar to already registered trademark  Create trademark application  If search reveals no similar trademark already registered – prepare the Trade Mark application  Trademark registration  The Trade marks office will first check your application to see if it's already been taken. If it has, a trademark objection will be raised.  If it has no objection, it makes an advertisement in the Trade Marks Journal.  If there is no opposition from other businesses in the next four months, your trademark is registered around six months later  Fees for trademark registration Rs. 4500/- per class for SME
  • 35.  Documents required for filing a Trade Mark Application  Trademark or logo copy  Applicant details like name, address and nationality and for company: the state of incorporation  Goods or services to register  Date of first use of the trademark in India, if used by you prior to applying.  Power of attorney to be signed by the applicant
  • 36.  Even biggest businesses like coca-cola, Siemens, Apple protect their business by means of trademark.  The trademark would be important asset for your business and contributes to the goodwill generated.  With registered trademark you can stop others from using your trademarked business name / logo etc with regards to goods or services it is registered  Trademark can considered just like any other form of asset like real estate, as it can be sold, licensed or assigned  It guarantees the identity of the origin of goods and services.  It stimulates further purchase.  It serves as a badge of loyalty and affiliation.  It may enable consumer to make a life style or fashion statement.
  • 37.  Define the invention (idea or concept) with as much details as possible  Collect all the information about your invention such as:  Area of invention  Description of the invention what it does  How does it work  Advantages of the invention  include drawings, diagrams or sketches explaining working of invention  Check whether the invention is patentable subject matter  Confirm Eligibility  Novelty, Non-obvious, Industrial application & Enabling
  • 38.  Novelty means the information you have written in the specification of your patent application (subject matter) is not published or know to or available to public in India or elsewhere before the date of filing of the patent.  An inventive step: a subject matter in patent application having inventive step means, the invention disclosed is not obvious to a person skilled in the art. Especially with reference to the prior art or the information already know or available to the public. In other words, the invention should not be obvious to people who are from the same field of invention. In other words, the inventive step means an aspect of the invention that involves a Technical advance or economic significance or both with respect to existing knowledge, thus making invention non obvious to a person skilled in the art.  Industrial application: as the name suggest, invention to be patented should have a utility that is it is capable of being made and used in an industry.  Enabling: This criterion suggests that the information disclosed in the proposed invention should be sufficient to reduce it in to practice. And this information must be included in to the patent application for the invention.
  • 39.  Submit application  Publication of application  Request for examination  Respond to objections, if any  Clear all objections
  • 40.  Inventions related to atomic energy  abstract ideas  laws of nature or anything contrary to well established natural laws  physical phenomenon  discovery of any living thing or non living substance  method of agriculture or horticulture  new form of know substances  method of playing games  any aesthetic creations  anything that causes a serious harm to human  animal, plant life
  • 41. IP assets, when properly managed, can:  motivate and help generate revenues from product sales and  licensing royalties;  increase high value exports;  attract high-value foreign direct investment (FDI) and joint ventures;  help retain and motivate technical personnel;  stimulate research and development (R&D) based industries;  create employment;  support educational and research institutions;  enhance corporate valuation;  promote funding for R&D, which provides and enhances needed  technologies and products;  provide bargaining power in technology transfer negotiations;  help to gain access to goods and technologies through licensing agreements.
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  • 43. Valuation? Easier said than done! Valuation of Intangible Assets???
  • 44.  Valuation is a process of determining value or worth of an asset  Valuation often combines objective and subjective considerations  WHAT ARE YOUR IP ASSETS WORTH?  TO WHOM ARE THEY VALUABLE?  IS THE VALUE FINANCIAL?  ARE THEY MEASURABLE INDEPENDENTLY OR ONLYAS PART OF A COLLECTIVE WORK?  (e.g a database)
  • 45. IP valuation dependent on various factors like-  Use of the IP assets  Market share of company  Openness of economy  Legal protection of IP  Enforcement cost  Economic growth  Profile of economy
  • 46.  Litigation  IP audit (management tool)  Licensing  Joint ventures (collaborations)  Merger and acquisition  Financial reporting  Financing  Investment transactions
  • 47. • For commercial transactions • For pricing product • For evaluating potential merger or acquisition candidates • For identifying and prioritizing assets that drive value • For strengthening positions in technology transfer negotiations • For making informed financial decisions on IP maintenance, commercialization and donation
  • 48.  For evaluating the commercial prospects for early stage Research & Development (R&D)  For evaluating R&D efforts and prioritizing research projects  For Financing securitisation  For litigation  For tax planning
  • 49.  Tool in a decision making process – provides management with useful information as a base for decisions in pre commercial and commercialization phase;  Important part of the technology transfer processes – collaborations, sponsorships, licensing, establishing of the start – ups, etc;  Enables fund raising;  Communication tool – about the value of technologies developed by R&D, and products based on them;  Supports learning process – how to add value to the organizational processes, human capital, research results, IP etc;  Monitoring on return on investment;  Litigation – rare situation for publically funded research institutions.
  • 50. • Can give a better idea of the overall value of the business • Can provide a tool to measure and manage the assets • Can provide security and backing for lenders • Can provide taxation benefits (taxation deductions) • Can reduce the proportion of business’ net worth attributed to goodwill – important when selling a business
  • 51.  Business enterprises acquire intangible assets  By Internal generation  By Research & Development  By Purchase  Through merger with another entity  Through licence or franchise  By Goodwill  Recognition criteria  The asset is Identifiable  The enterprise controls the intangible asset  Future Economic Benefits will flow to the enterprise
  • 52.  Methods of valuation  General Approach  Modern Approach  General Approach Methods  Historical cost or acquisition cost method  Fair value method  Modern Approach  Income method  Market Value method  Relief from Royalty method  Technology Factor method  Direct Intellectual Capital Method  Market Capitalization Method  Return on Assets Method  Score cards Method
  • 53. Sl.No. Valuation Method Risk/Disadvantages Usage 1 Income Method Accurate projection of future income streams, Discount rate used Used where income streams are easily identified 2 Market Value method Intangible assets are not frequently traded. Difficult to get details on transactions. Used where comparable market transactions are available 3 Cost Approach Does not recognise any economic benefits associated with market place activity. Used mostly for accounting purpose 4 Relief from Royalty method Finding appropriate Royalty Rate Used where Income streams can be identified and rate of royalty is available 5 Technology Factor Approach Depends on appropriate selection of attributes and weightage. Highly subjective. Used where unique technology is involved 6 Return on Assets method Cost based Used where there is huge capital expenditure is required 7 Direct Intellectual Capital method Historical Cost based. Sometimes it may not be possible to segregate the cost attributable to a particular intangible asset. Used mostly with technical knowhow, Research and Development 8 Score Card Method Identification of appropriate components is critical for the success of this method. Used where non-financial parameters are more significant
  • 54. Income Approach Cost Approach Market Approach Valuation Techniques Most recent comparable transactions / Multiples Current price on active market Relief from Royalty Method Excess Earnings Method Incremental Cash Flow Method Reproduction Cost Method Replacement Cost Method IP Valuation Techniques
  • 55. Key Considerations in Valuation  Ensure correct definition of assets and who owns them  In valuing the IP, identify/carve-out the cash flows that it generates  Select an appropriate valuation methodology and cross- check against other approaches  Depending on the purpose of the valuation, it may be important to seek expert legal advice, particularly if it relates to a transaction or dispute  Valuation of IP is a subjective area involving a high degree of technical complexity  Where there is a lot at stake, it is advisable to seek expert assistance  In most cases, IP valuations will be challenged and consequently the experience and credibility of the valuer is of paramount importance
  • 56.  Determinants of Value ◦ Benefit Stream – Cash flows over the next so many years – how much? ◦ Time period – how long? ◦ Risk – how stable/variable are the above two factors?  Brand Equity Metrics ◦ Relative Perceived quality /Loyalty/retention ◦ Total number of customers/Consumer satisfaction ◦ Awareness /Perceived quality/esteem ◦ Market share (volume or value) ◦ Complaints (dissatisfaction level) ◦ Distribution/availability  What adds value to a Brand? ◦ Sustaining value by delivering what the brand promises ◦ Emotional touch by the brand IP Valuation Dynamics
  • 57.  Transactional/Market Approach  Cost Approach  Income Approach
  • 58. • Sales comparison approach • It is based on actual price paid for a similar or comparable IP under similar/comparable circumstances • Need complete data • Problem in getting full details • Two steps: screening and adjustments • Screening is identifying third party transactions • Adjustments are in Location, Advertising support, IP strength and period of licence
  • 59. • Attempts to determine the value of the IP by computing the present value of cash flows, attributable to that piece of IP, over the useful life of the asset. • Does not capture the unique independent risks associated with patents. All risks are lumped together and are assumed to be appropriately adjusted for in the discount rate and the probability of success, rather than being broken out and dealt with individually (i.e., such as legal risk, technological risk, piracy, etc.) • Further, often DCF fails to consider dependencies on properties held by others. In roughly 40 percent of cases, patents depend on other patents or property held in the public domain
  • 60. • Estimates the value of underlying IP asset basing on historical cost incurred in developing the asset • Two approaches • Replacement Cost: The cost to develop similar functionality to the subject IP outside the scope of the legal protection • Reproduction cost: Cost of reproducing the IP product or service or procedure
  • 61.  Has limited value  Used for • Patents • Software • Designs  When • Asset is newly created with limited protection • Commercially untested • Where reproduction cost best estimate of value • Buyer unwilling to pay more than cost to recreate or engineer around protected design
  • 62.  Components of Cost Value Assessment • Materials • Labor • Overhead • Developer’s/entrepreneur’s profit • Taxes
  • 63.  Net present value • Calculating the future value of intellectual asset (investment) at present time • NPV= A(1 + r)-n i.e. NPV = A[1/(1 + r)n] where: NPV= net present value (i.e. DCF); A= amount expected at year n; r = risk factor
  • 64. • Qualitative and quantitative characteristics of the patent(s), including the specific patent claim • Earnings capacity and profitability relating to the patent(s) • The impact of known blocking patents • Any current or previous licensing of the patent • Legal rights and restrictions to the patent(s), including foreign patent protection
  • 65.  Contracts associated with the patent(s)  Competition, barriers to entry and risks associated with the patent(s)  Product life cycles and positioning  Historical growth and prospects for the future  Alternative uses for the patent(s)
  • 66. • Qualitative and quantitative characteristics of the trademark(s) • Earnings capacity and profitability relating to the trademark(s) • Market share supported by, or as a result of the trademark(s) • Market recognition analysis of the trademark(s) • Legal rights and restrictions to the trademark(s) • Contracts associated with the trademark(s)
  • 67.  Competition, barriers to entry and risks associated with the trademark(s)  Product life cycles and positioning  Historical growth and prospects for the future  Exploitation opportunities of the trademark(s) into new markets/products
  • 68. • Qualitative and quantitative characteristics of the brand name(s) • Earnings capacity and profitability relating to the brand name(s) • Market share supported by, or as a result of the brand name(s) • Market recognition analysis of the brand name(s) • Legal rights and restrictions to the brand name(s)
  • 69.  Contracts associated with the brand name(s)  Competition, barriers to entry and risks associated with the brand name(s)  Product life cycles and positioning  Historical growth and prospects for the future  Exploitation opportunities of the brand name(s) into new markets/products
  • 70.  Intrinsic value  Ability to generate cash flow  Income Approach: Based on the income-producing capability of underlying IP asset  Seeks to establish the net present value (hence use of discounted cash flow [DCF])  Decision tree analysis (DTA)-based on an underlying DCF analysis and moves further to take into consideration flexibility available.
  • 71.  PV = I1(1+r)-1 + I2(1+r)-2 + I3(1+r)-3….+ In(1+r)-n  Where PV = Present value of IP asset  I = Economic income projection  r = Discount rate  n = Year
  • 72.  An income stream either from product sales or licensure of the patent  An estimate of the duration of the patent’s useful life  An understanding of patent specific risk factors and incorporating those into the valuation  A discount rate
  • 73. INCOME METHOD VALUATION Annual cash flow expected 10.0 Cr. Useful life 8 years Discount rate 11% Present value 34.7 Cr Income method of valuation -discounted cash flow from an intangible asset INCOME METHOD The value of the intangible asset is taken as 34.7 cr.
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  • 76.  Under this method ROA is calculated by dividing average pre-tax earnings of a company by average tangible assets of the company.  The above ROA is compared with industry average. The difference between the industry average ROA and the Company’s ROA is multiplied by average tangible assets is taken as the average earnings from the intangible assets. This divided by average cost of capital of the company gives the value of the intellectual capital.  ROA = Average pre-tax earnings / average tangible assets. Return on Assets Method Average pretax earnings 50 lakhs Tangible Assets 250 lakhs Return on Assets (ROA) of the entity 20% Industry average ROA 15% Excess return 5% Earnings from Intangible Assets 5% X 250 = 12.5 Average cost of capital 14% Value of intangible assets 12.5/14%= 89.3 lakhs
  • 77.  When  Focus is on market transactions – sales/licenses  IP transaction details highly confidential  Assets typically not comparable  Different underlying IP assets  Different compensation structures  Different geographic territories  Different market potentials/degree of success
  • 78. Disclose properly or regret? Significance of Disclosure
  • 79. Whether Intangible Asset is a new source of funding???
  • 81. 81 Intangible as a Rising Source of raising fund Intangible assets are non physical asset bearing Economic Benefits Some companies intangible assets may have such a bearing on the business’ value that shareholders are willing to go great lengths and expend funds Intangible asset’s influence on business value may be simply temporary, subject to the gyrations of the stock market, consumer sentiment, and unrelenting competition.
  • 82. 82 Financial Institutions and Intangible assets Core depositor relationships Mortgage and other loan ser- vicing relationships Computer software Manuals, systems, and procedures Trained and assembled workforce Service marks and service names Commercial intangible assets that are common to the banking and thrift industries
  • 83.  In Mergers and Amalgamations  Business Acquisitions  Fund Raising  In making strategic alliances, Joint ventures  For knowledge of investors/financiers  Financial Reporting purpose  Licensing  Liquidation
  • 84. Company Name % of Brand Contribution to Market Capitalisation Coca Cola 45% Disney 65% Mercedes Benz 40% IBM 37% Intel 30%
  • 85. Famous Brand Acquisitions  Sun Pharma to acquire branded oncology product Odomzo® from Novartis upfront payment of USD 175 million (2016)  Facebook acquired WhatsApp $19 billion (2014)  Facebook acquired Instagram for $1 billion (2012)  Google acquired YouTube for$1.65 billion in 2006  Amazon to Acquire Whole Foods grocery chain for $13.7 Billion (2017)  Flipkart owned Myntra acquires Jabong for $70mn (2016)  Flipkart offers $1 billion for Snapdeal (2017)  Sun Pharma acquired Israeli company Taro for $454 million 92010)  Cipla, two US-based generic companies InvaGen and Exelan, worth $550 million (2016)  Godrej acquired Genteel(liquid detergent) and Swastik (Shikakai and Neem soap) brands (2010)
  • 86. 86 Case Study With the loans to Kingfisher Airlines (KFA) turning into a non-performing asset (NPA), the Reserve Bank of India (RBI) has asked banks not to treat “Kingfisher brand”, an intangible asset, as collateral RBI’s instruction to banks is the principle of lending to and on the back of all intangible and knowledge assets. By permitting banks to finance investments in an intangible asset such as spectrum and seeking bank’s recourse to it in the event of a default, RBI had moved forward on intangible asset financing.
  • 87. 87 Case Study Statement of Operations Year ended 2013 Year ended 2012 Revenue 10.2 million 3.8 million Total cost and expenses 148.7 million 59 million Net Loss 138 million 54.7 million Lack of Recognition of Technology Factor Approach Technology Factor approach is useful only where there is an underlying technology. Accounting standards do not recognize this method. For e.g, One of biggest technology deals for 2014 was the Facebook acquisition of WhatsApp for $19 billion. WhatsApp Revenues: It can be seen that WhatsApp’s total losses were close to $138 million in 2013 alone, against a revenue of $10.2 million. This is much more than the $3.8 million revenue in 2012, but the losses in 2012 for WhatsApp stood at $54.7 million, which means that in 2013 the messenger’s losses were more than double. Given that WhatsApp is essentially a free service with no ads, the source of revenue was never really there. However, Facebook is a social media company and getting WhatsApp is a way to ensure that the company has key products in the three most important spaces in mobile which are: Social media, photographs (Instagram) and social messaging via WhatsApp.
  • 88. 88 Case Study Cost of an intangible asset is bound to change over a period of time. Also, it does not take into account change in economic factors, market factors and other external factors. which may affect the value. For example, recently Volkswagen brand value was adversely affected due to emission issues of its cars. Similarly, the brand value of Samsung took a beating when one of its mobile phone model Galaxy 7 caught fire in a flight.
  • 89.  Commitment – a measure of the Corporate’s commitment to or belief in its brand  Protection – examines how secure a brand is across a number of dimensions  Clarity – the brand’s values, positioning and proposition must be clearly articulated  Responsiveness – looks at a brand’s ability to adapt to market changes, challenges and opportunities.  Authenticity – does the brand have a defined heritage & a well-grounded value set.  Relevance – estimates how well a brand fits with customer needs, desires and decision criteria  Customer understanding – of the brand and the associated enterprise  Consistency – fail-free experience across all touch-points and formats.  Presence – the degree to which the omnipresence of the brand is felt  Differentiation – the degree to which customers perceive the brand to have a positioning that is distinct from the competition 10 Principles of Strong Brands
  • 90. Brand Values - India
  • 91. Brand Values - Global
  • 92. As stated above It is very important and significant for the Companies and other entities to have the valuation of their intangible assets in order to know the true value of their business And have the valuation balance sheet. It also ensure accounting, tax and regulatory compliance vis-à-vis intangible Assets Conclusion