Intellectual Property (IP) Valuation is a complex process determining the monetary value of intangible assets. In modern business, a significant portion of a company's value often lies in brands, patents, and software. IP valuation is essential not only for buying and selling but also for tax purposes, attracting investment, claiming damages in court, and financial reporting. In Georgia, this field requires both legal and financial expertise to ensure the valuation is objective and recognized by state bodies or international investors.
What IP Valuation Services Cover
Specialists listed on Legal.ge offer valuation services for various purposes:
- Determining Market Value: Establishing the real price of an asset (trademark, patent, copyright) before alienation or licensing.
- Damage Calculation for Litigation: Calculating the amount of damages and lost profits caused by IP infringement for presentation in court.
- Tax Purposes and Transfer Pricing: Confirming asset value for tax authorities, especially during transactions between related parties.
- Contribution to Capital: Valuing an IP object for its placement as a non-monetary contribution to a company's charter capital.
- Determining Royalty Rates: Calculating an adequate royalty rate based on market analysis.
- Investment Valuation: Establishing the value of a startup or technology for negotiations with investors.
Practical Examples and Scenarios
The need for valuation arises at various stages:
- Litigation: A competitor illegally used your patent. For the court to award compensation, expert evidence is needed to show the actual harm suffered and income lost.
- Loan Collateral: A bank is willing to issue a loan if you pledge your valuable trademark as collateral. The bank needs an official valuation to confirm the asset's liquidity.
- Mergers & Acquisitions: A large company buys a small tech firm. A large part of the price is attributed to "Goodwill" and patents. Separate valuation is necessary to record them on the balance sheet.
- Tax Audit: A company transferred a brand to a subsidiary offshore. The tax authority checks if the price was artificially lowered to avoid taxes.
Georgian Legal Framework
The valuation process relies on International Valuation Standards (IVS) and International Financial Reporting Standards (IFRS), which are recognized in Georgia. Legally, the Civil Procedure Code of Georgia defines rules for conducting expertise during disputes. The Tax Code of Georgia regulates principles for determining market price for tax purposes. Valuing contributions to company capital is governed by the Law of Georgia on Entrepreneurs, which requires a report from an independent auditor/valuator on the value of non-monetary contributions.
The Process: Working with a Specialist
Qualified valuation requires a methodological approach:
- Defining the Purpose: Why is the valuation being done (sale, court, accounting)? This influences the methodology.
- Legal Audit: Before valuation, the lawyer verifies that the asset truly belongs to the client and is protected.
- Choosing a Method: Three main approaches are used: Cost approach, Market approach, or Income approach.
- Analysis and Calculation: The expert processes data and forecasts the benefits to be derived from the asset.
- Report Preparation: A detailed report is compiled, which can be presented to a court, investor, or tax authority.
Why Legal.ge?
Intellectual property valuation is not just about numbers; it is the intersection of law and finance. Legal.ge gives you access to experts with experience in IP valuation who can prepare substantiated, credible reports for your business needs. Find the right specialist on Legal.ge to know the real price of your intangible assets.
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