Appraisal of property rights of intellectual property

Abstract

Problem setting. The urgency of the problem is caused by the fact that active innovation processes occurring around the world, informatization of society and transformation of knowledge into a source of progress indicate that the profitability of entrepreneurial activity in a market economy to some extent depends on the ability to dispose of the results of human intellectual activity, hence the importance of intellectual property, their value is constantly increasing, which requires the implementation of a special mechanism for determining their value (appraisal).

Analysis of recent researches and publications. In the scientific literature the scientists such as V.S. Drobyazko, P.M. Tsybulov, O.O. Horodov, I.M. Bieltiukova, O.M. Vinnyk, A.O. Kodynets, O.R. Kibenko, O.O. Tverezenko, V.S. Shcherbyna, I.YE. Yakubivskyy have made a significant contribution to the development of the issues on valuation of property rights of intellectual property.

Target of research. To analyze the mechanism for assessing the value of such group of intangible assets as property rights of intellectual property and identify the features of this mechanism.

Article’s main body. Appraisal activity is a complex institution. Appraisal of intellectual property requires the integration of the economic concept of value and the legal concept of property. But the intangible character (ideal nature) of intellectual property objects distinguishes them from other civil rights objects and becomes a certain obstacle when it comes to determining their value.

When it comes to appraisal of objects of the intellectual property rights, such actions are subjected not to intangible (ideal) objects, but to exclusive property rights to them. However, the Law “On Appraisal of Property, Property Rights and Professional Appraisal Activity” considered of objects of the intellectual property rights as intangible assets that, in turn, along with things, securities, units form a broader category “property”. If the legislator had given the object of valuation the exclusive property rights and classified them as “property rights that could be valued”, it would be more in keeping with their nature.

The Law “On Appraisal of Property, Property Rights and Professional Appraisal Activity” distinguishes between the market value of property and non-market types of property values (ie other types of value that are different from market value). As a general rule, the market value of objects is determined. Thus the value of property rights of intellectual property is determined by the approximate price of market demand for them.

Appraisal activity is carried out in cases established by the legislation of Ukraine, international agreements, on the basis of the agreement, as well as at the request of one of the parties to the contract with the consent of the parties. The legislation defines cases when appraisal shall be mandatory.

Conclusions and prospects for the development. The commercialization of intellectual property objects requires the implementation of a special mechanism for determining their value (appraisal), and the improvement of current legislation in appraisal activity field. Property rights of intellectual property belong to those, which have a monetary valuation, and must be carried out under the legislation.

Valuation of property rights of intellectual property may take place, in particular, in the following cases: 1) defining the valuation of the exclusive rights transferred under the contract in intellectual property field, in particular the license contract, and defining the license fee base; 2) contribution the property rights of intellectual property to the authorized (composite) capital of certain types of companies; 3) using property rights of intellectual property in joint activities without the creation of a legal entity (including in the form of a common partnership); 4) the pledge of the property rights of intellectual property.