BVR's Guide to Intellectual Property Valuation - Second Edition

  • ID: 2190602
  • Book
  • Region: United States
  • 367 Pages
  • Business Valuation Resources
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The second edition of BVR’s Guide to Intellectual Property Valuation is the definitive reference to draw credible and defensible intellectual property (IP) value conclusions. In the second edition, leading expert Michael Pellegrino delivers real-world case studies of IP valuation analyses from start to finish in each of the primary IP categories. This practical, hands-on guide presents an objective framework for conducting due diligence of IP rights, performing the legal analysis, and correlating the impacts of IP rights on value.

Highlights and updates of this guide include:
- New chapters on managing an IP valuation engagement, an auditor’s review guide, and a case study on celebrity IP valuation
- Practical guidance on valuing IP – includes boilerplate report requirements, royalty rate analysis, demand analysis and guidance on presenting the most reliable statistics
- Thorough discussion of valuation approaches and due diligence
- Analysis of patent-specific, copyright-specific and trademark-specific issues and considerations
- Court case library – comprehensive archive of current and past abstracts and full text of court case opinions from key cases that involve IP valuation. (Available with online access only)
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CHAPTER 1: ABOUT THIS GUIDE
The Growing Importance of IP
Why Is This Guide Needed?
What This Guide Is Not

CHAPTER 2: IP VALUATION OVERVIEW
About Patents
The Advantages of Patents
The Disadvantages of Patents
About Copyrights
The Advantages of Copyrights
The Disadvantages of Copyrights
About Trademarks
The Advantages of Trademarks
The Disadvantages of Trademarks
About Trade Secrets
The Advantages of Trade Secrets
The Disadvantages of Trade Secrets

CHAPTER 3: ABOUT IP VALUATION
Applying the Science
Practicing the Art
The Science-Art Continuum

CHAPTER 4: USING VALUATION APPROACHES
The Cost Approach
The Market Approach
The Income Approach
The Assignment-Approach Match
Common Pitfalls of the Various Approaches
Reconciling Several Valuation Approaches
Valuation Method Selection Summary

CHAPTER 5: GENERAL DUE DILIGENCE
Performing Initial Interviews
Analyzing Historical Financials
Understanding the IP
Verifying IP Ownership
Commissioning Independent Counsel Review
Reviewing Enforcement History and Ability
Performing Market Analysis
Evaluating the Regulatory Environment

CHAPTER 6: PATENT DUE DILIGENCE
The Invention Status
Current Art
Patent Utility
Patent Quality
Patent Age
The Administrative House
Blocking Patents
Status of Active Administrative or Legal Actions
Outstanding Contractual Provisions Affecting Value

CHAPTER 7: COPYRIGHT DUE DILIGENCE
Nature of the Copyrighted Material. 196
Verifying the Nature of Rights to Value. 199
Administrative Issues That Can Impair Copyright Value. 200
Registration. 201
Factual Works. 201
Fair Use Value Erosion. 203
Work Made for Hire. 205
Copyright Notice. 207
Ease of Duplication. 208
Mechanical Rights for Nondramatic Musical Works . 209
Termination of Transfers. 210
Public Domain. 211
Visual Artists Rights Act of 1990. 212
Special Considerations for Computer Software . 213
Easier to Avoid Infringing Activity . 215
Disclosure. 216
The Rule of Doubt. 218
Special Considerations for Semiconductor Designs or Masks. 218

CHAPTER 8: TRADEMARK DUE DILIGENCE
What Is Trademark Due Diligence?
Maintenance Fees
Owner of Record
Pending Trademark Challenges
Continued Use
Public Notice
Durability
Incontestability
Interference
Standards of Use
Trademark Strength
Dilution
Counterfeit Risk
Market Dynamism
Fair Use Value Impacts

CHAPTER 9: TRADE SECRET DUE DILIGENCE
Trade Secret Value Sources
Trade Secret Floor Value
Factors That Prolong Trade Secret Value
Factors That Kill Trade Secrets
Litigation Effects
Inadvertent Disclosures
Trade Secret Agreement Terms
Publication as Patent or Copyright

CHAPTER 10: DISCOUNT RATE DEVELOPMENT
Accounting for IP Risk
Deeper Analysis of Current Methods
An IP Discount Rate Estimation Model
Target Rate of Return
Holding Period
Success Rates
Target Returns
Investment Expenses
What About Empirical Evidence of Support?
Proving the Model
Model Extensions
Back to the Roots
Real-World Examples

CHAPTER 11: DETERMINING ROYALTY RATES
Royalty Rate Considerations
Royalty Rate Magnitude
Common Royalty Rate Determination Methods
Analytical Royalty Rate Determination Process
Calculating the Value Proposition
Determining Licensor and Licensee Contributions
Analytical Method Attack Points

CHAPTER 12: CASE STUDY IN IP VALUATION
A Poor Example of Celebrity Valuation
A Credible Approach to Celebrity Valuation

CHAPTER 13: MANAGING AN ENGAGEMENT
Project Preparation
Initial Due Diligence
IP Analysis
Market Analysis
Valuation Modeling
Valuation Reporting
Project Support

CHAPTER 14: AUDITOR’S REVIEW GUIDE
Analyzing the Analyst
Analyzing the Due Diligence
Report Boilerplate
Economic Conditions and Nature of the Industry
IP Utility
Government Protections
Functional Realization
Demand Analysis
Financial History
Chronology
Royalty Rate Analysis
Income Approach Using Reasonable Royalty Method
Consideration of Cost Approach
Use of Market Methods for IP Valuation
Use of Valid and Reliable Inferential Statistics
Repeatability
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