המאמר התפרסם לראשונה באתר
22.7.2023
Uncovering the Market Value: The genuine market value of intellectualproperty is the foundation of any successful deal. It requires determining thefair market value that an independent party would freely pay for the IP in anopen market setting, considering any associated debts or commitments.
July 22, 2023
The article was first published in
In today's fast-paced corporate world, valuing intellectual property(IP) exchanged between related parties frequently creates considerable hurdles.Today, I'd like to throw some light on this essential topic and discuss bestpractices for ensuring a smooth valuation process.
Uncovering the Market Value: The genuine market value of intellectualproperty is the foundation of any successful deal. It requires determining thefair market value that an independent party would freely pay for the IP in anopen market setting, considering any associated debts or commitments.
Embracing the Arm's Length Principle: A fundamental legal principle, the "arm'slength" concept calls for fairness and equity in transactions betweenrelated entities. It demands that the transaction price between related partiesshould mirror what it would be between independent parties, promotingtransparency and integrity.
Navigating Special Relationships: We must consider the potentialinfluence of special relationships on IP valuations, such as familial,business, or legal ties. To ensure objectivity, these connections must not beallowed to influence the transaction price, guaranteeing a level playing fieldfor all parties involved.
Avoiding Artificial Transactions: Avoid artificial transactions inwhich the transaction price does not correspond to the market value of the IP.Engaging in such activities to lower tax liabilities may result in unfavorablelegal ramifications.
Validating with Real-Time Documentation: When the transaction pricecreates concerns, delivering real-time documentation is critical. end ofsupport, end of sale, or end of life records for the IP, as well as supportingevidence of factual correctness, can help to improve the value process.
Conclusion: Valuingintellectual property bought between related parties is a complex procedurethat necessitates accuracy and conformity to legal norms. We can effectivelytraverse this complex world if we embrace transparency, fairness, and real-timedocumentation.