Second, enterprises need to evaluate intellectual property rights when they buy shares with intellectual property assets.
Third, when enterprises pledge loans with intellectual property rights, they need to evaluate intellectual property rights. For example, word mark of Star was once valued at 65.438+0.08 billion yuan. After being recognized as a well-known trademark in China, the value of the word mark was re-evaluated to more than 300 million yuan. With the relevant evaluation report and trademark pledge contract, the star brand company has obtained a loan of 5 million yuan from the bank.
Fourth, when enterprises increase their registered capital with intellectual property rights, they also need to evaluate intellectual property rights. For example, Beijing Yiweide Electric Technology Co., Ltd. had an original registered capital of 4 million yuan, and the proportion of intellectual property investment was very low. Later, a patented technology "Internet-based supply chain technical service network for industrial electrical products" invested by investor Chen Mingyang was re-evaluated as RMB 2,665,438+0,654,38+0,000, which was fully injected into the total share capital. In this way, the registered capital of the company soared to nearly 30 million yuan, and the proportion of intellectual property investment exceeded 80%.
Fifth, when determining the amount of compensation for legal proceedings, it is also necessary to evaluate the value of intellectual property rights. For example, in 2005, Medtronic, an American medical company, lost the infringement lawsuit and agreed to pay the plaintiff $65.438+$35 million in intellectual property royalties. In the same year, Microsoft also ended its legal proceedings with Sun Company and agreed to pay the latter US$ 6,543.8+US$ 95 million in intellectual property licensing and anti-monopoly fees.
In addition, when selecting the subject matter of intellectual property, when negotiating the intellectual property clauses of OEM or ODM cooperation contracts, when analyzing litigation strategies after encountering infringement lawsuits, when attracting venture capital, carrying out shareholding system reform, asset reorganization, privatization reform, enterprise merger, bankruptcy liquidation, estate division, rewarding job inventors, when sharing the intellectual property achievements and patent application rights of entrusted projects, and even when establishing R&D design topics and planning intellectual property retrieval and deployment strategies,
Enterprises and individuals will lose assets if they miss the opportunity of intellectual property evaluation. For example, when Guangdong Lingnan Biscuit Factory transferred the "Lingnan" trademark, an enterprise in Hangzhou did not conduct trademark evaluation when transferring the "West Lake" trademark, and did not obtain any income. On the contrary, an enterprise in Zhejiang transferred its "Dongbao" trademark, together with its 19 patent, and the estimated price was100000 yuan, which earned a lot of money.
If enterprises and individuals miss the opportunity of intellectual property evaluation, it will also cause setbacks in negotiations. For example, many enterprises in China failed to produce patent stability report, patent legal status report and patent value report when negotiating patent fees with foreign rights holders, which led to the inability of Chinese enterprises to reduce the price of foreign fees.
The legal representative of the enterprise, the person directly responsible for the enterprise, and even natural persons who miss the opportunity of intellectual property evaluation will all be imprisoned, with a maximum sentence of 20 years in prison. For example, the public security organ in Huizhou City, Guangdong Province once handled a case: three employees stole a prototype cordless phone from TCL Huangpai Telecom Co., Ltd. in Huizhou City, Guangdong Province. The prototype itself is worth 680 yuan. However, the evaluation report of intellectual property assets shows that its technical value is as high as 6.88 million yuan. The latter is the real value of stolen goods. The public security organ shall investigate the criminal responsibility of the parties according to the above report. Many cases of infringement of technical secrets occur in situations such as "job hopping", "negligence disclosure" and "inside job stealing". If the infringer evaluates the value of technical secrets in advance and foresees the severity of criminal punishment as soon as possible, he will take the initiative to avoid a large number of infringements.