Sheridans' Fashion Master Class: How To Protect Your Brandnicsheridans
Presentation by Sheridans’ dedicated fashion law team on how to protect your brand in terms of copyright, trademarks, design rights and patents. It also includes how to plan ahead, employees and confidentiality, and collaboration.
Sheridans' Fashion Master Class: How To Protect Your Brandnicsheridans
Presentation by Sheridans’ dedicated fashion law team on how to protect your brand in terms of copyright, trademarks, design rights and patents. It also includes how to plan ahead, employees and confidentiality, and collaboration.
Intellectual Property Rights and Legal Manager Certification allows organizations to identify and protect their intellectual property rights from any misuse and misrepresentation by any individual or organization. For growth and development, all organizations need well-maintained and effective intellectual property protection. Nearly every sector requires intellectual property rights and legal professionals. Vskills provide certification course for those who are seeking career in intellectual property rights that help people with IPR related jobs to perform their tasks better.
http://www.vskills.in/certification/Certified-Intellectual-Property-Rights-and-Legal-Manager
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
Introduction to Intellectual Property (IP)
Presentation includes types of IP - Trade Secrets, Copyrights, Trademarks, Patents; Timing Issues for Protecting IP; and Patent Strategy Models
Manufacturers Alliance - Product Development Peer Group Workshop.
IP categories.
Intellectual capital.
Patent process timeline.
Identification of IP.
Systemization of IP.
Monitization of IP.
Enforcement of IP.
OEM/Contract manufacturing concerns.
Joint development matters.
Vskills certification for Trademark Law Analyst assesses the candidate as per the company’s need for trademark protection and management. The certification tests the candidates on various areas in TRIPS, WTO, WIPO, copyright, trademarks, Madrid agreement, Indian Trade Marks Act (1999), geographical indications, industrial designs, patents, PCT and trade secrets
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
Intellectual Property Rights and Legal Manager Certification allows organizations to identify and protect their intellectual property rights from any misuse and misrepresentation by any individual or organization. For growth and development, all organizations need well-maintained and effective intellectual property protection. Nearly every sector requires intellectual property rights and legal professionals. Vskills provide certification course for those who are seeking career in intellectual property rights that help people with IPR related jobs to perform their tasks better.
http://www.vskills.in/certification/Certified-Intellectual-Property-Rights-and-Legal-Manager
Inventor Boot Camp Thomas Franklin 10 17 2009dr2tom
Introduction to Intellectual Property (IP)
Presentation includes types of IP - Trade Secrets, Copyrights, Trademarks, Patents; Timing Issues for Protecting IP; and Patent Strategy Models
Manufacturers Alliance - Product Development Peer Group Workshop.
IP categories.
Intellectual capital.
Patent process timeline.
Identification of IP.
Systemization of IP.
Monitization of IP.
Enforcement of IP.
OEM/Contract manufacturing concerns.
Joint development matters.
Vskills certification for Trademark Law Analyst assesses the candidate as per the company’s need for trademark protection and management. The certification tests the candidates on various areas in TRIPS, WTO, WIPO, copyright, trademarks, Madrid agreement, Indian Trade Marks Act (1999), geographical indications, industrial designs, patents, PCT and trade secrets
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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Car Accident Injury Do I Have a Case....Knowyourright
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
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Charge simply means 'accusation'.
A charge is a formal recognition of concrete accusations by a magistrate or a court based upon a complaint or information against the accused.
A charge is drawn up by a court only when the court is satisfied by the prima facie evidence against the accused.
The basic idea behind a charge is to make the accused understand what exactly he is accused of so that he can defend himself.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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
11.
12.
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.
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
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.
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
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
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.
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
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
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