From the perspective of domestic and foreign business and legal practice, intellectual property evaluation mainly occurs on the following occasions: First, intellectual property trade requires enterprises to evaluate the value of intellectual property. The volume of technology trade has reached close to 1/2 of the total global trade, and large-scale intellectual property transactions are emerging one after another.
Second, when investing in intellectual property assets, companies need to conduct intellectual property evaluation.
Third, when using intellectual property for pledge loans, companies need to conduct intellectual property evaluation. For example, the word trademark "星" was once evaluated to be worth 108 million yuan. After it was recognized as a well-known trademark in China, the value of the word trademark was re-evaluated to more than 300 million yuan. With the help of relevant evaluation reports and trademark rights pledge contracts, Xing A brand company once obtained a loan of 5 million yuan from a bank.
Fourthly, when using intellectual property to increase the amount of registered capital, the company also needs to conduct an intellectual property assessment. For example, Beijing Yiweide Electric Technology Co., Ltd. originally The registered capital was 4 million yuan, and the proportion of intellectual property investment was very low. Later, a patented technology "supply chain technology service network based on Internet industrial electrical products" originally invested in the company by investor Chen Mingyang was re-evaluated. 26.11 million yuan was fully injected into the total equity. In this way, the company's registered capital soared to nearly 30 million yuan, and the proportion of intellectual property investment exceeded 80%. Fifth, legal proceedings were determined. The amount of compensation also requires an assessment of the value of intellectual property. For example, in 2005, the American medical company Medtronic surrendered to the infringement lawsuit and agreed to pay the plaintiff US$1.35 billion in intellectual property royalties. In the same year, Microsoft also ended its legal proceedings with Sun. , agreed to pay US$1.95 billion in intellectual property licensing and antitrust fees to the latter.
In addition, when selecting intellectual property targets and negotiating the intellectual property terms of OEM or ODM cooperation contracts, it encountered infringement lawsuits. When analyzing litigation strategies later, when attracting venture capital, carrying out shareholding reform, asset restructuring, privatization reform, business mergers, bankruptcy liquidation, inheritance division, and rewarding employee inventors, when sharing the intellectual property achievements, patent application rights and When considering other interests, even when establishing research and development design topics, planning intellectual property search and deployment strategies, developing market layout, and conducting advertising, companies and individuals also need to conduct intellectual property assessments.
If companies and individuals miss out on knowledge. The opportunity of property rights evaluation will cause the loss of assets. For example, when Guangdong Lingnan Biscuit Factory transferred the "Lingnan" trademark, a company in Hangzhou did not conduct trademark evaluation when it transferred the "Xihu" trademark, and did not receive any income. On the contrary, a company in Zhejiang transferred its trademark. The "Dongbao" trademark, together with its 19 patents, was evaluated at a price of 10 million yuan, earning considerable profits.
If companies and individuals miss the opportunity of intellectual property evaluation, there will be consequences. Negotiations are frustrated. For example, many Chinese companies do not produce patent stability reports, patent legal status reports, patent value reports, etc. when negotiating patent fees with foreign rights holders, which makes it impossible for Chinese companies to lower the foreign parties’ asking prices.
If the legal representative of the enterprise, the person directly responsible for the enterprise, or even the natural person misses the opportunity for intellectual property evaluation, he or she will be imprisoned and receive up to 20 years in prison. For example, the public security organ of Huizhou City, Guangdong once handled a case. Case: Three employees stole a cordless phone prototype from Guangdong Huizhou TCL Royal Telecom Co., Ltd. The prototype itself was worth 680 yuan. However, the intellectual property asset evaluation report showed that its technical value was as high as 6.88 million yuan. The latter is the true value of the stolen item. The public security organs investigated the criminal liability of the parties concerned based on the above report. Many technical secret infringement cases occur in situations such as "job hopping", "negligent leakage", "supervision and self-stealing", etc. If infringers evaluate the value of technical secrets in advance and anticipate the severity of criminal penalties as early as possible, they will actively avoid a large number of infringements.