Theoretical basis:
Intellectual property rights are a kind of exclusive rights based on the fruits of human intellectual labor.
As a special commodity, this exclusive right has value and use value. It can be exchanged in the market (such as the so-called technology market, information market, copyright trade market, etc.) to meet people's needs.
Since the creation or production of the results of human intellectual labor is mainly based on human intellectual labor, rather than general handmade or machine-made products (which of course also contain some elements of intellectual labor), it is mainly based on human intellectual labor. Based on material consumption and time consumption, therefore, the value of the results of intellectual labor cannot be calculated simply by calculating the cost of material consumption and time consumption like the value of general products. Of course, the creation or production of the results of intellectual labor also requires a certain amount of material and time consumption, but this material and time consumption is not very important, and sometimes it may even be insignificant.
A person possesses a product and has the right to use or control the product (property rights). If he transfers the product, then when evaluating the value of the product, it can be easily calculated based on the material and time consumption costs of the product. When evaluating the value of intellectual property rights based on the results of human intellectual labor, simply using this cost calculation method may not be enough. For example, an inventor may obtain certain intellectual property rights according to law when an "idea" comes to him by chance and is expressed in a certain form. At this time, the cost of the intellectual property is very small or even negligible.
1. The value and use value of intellectual property rights
(1) The use value of intellectual property rights. Use value refers to the attributes of items (including intangibles) that can meet certain needs of people. The particularity of intellectual property as an intangible asset (or intangible thing) determines the particularity of the use value of intellectual property in the following aspects.
First, the potential and uncertainty of use value. The use of a tangible object, such as an oil painting, can be performed directly on the object, and certain benefits or benefits can be obtained directly from the use, such as the satisfaction or visual pleasure generated by touching the oil painting. However, the use of the copyright of an intangible object such as an oil painting cannot be directly carried out on this "intangible right". The copyright of the oil painting is invisible and intangible, and its use value is potential, which can often only be reflected through the exhibition, reproduction, and distribution of the oil painting. The copyright of the oil painting itself does not have any value, and its value can often be reflected only through the exhibition, reproduction, distribution, etc. of the work. Therefore, the use value of intellectual property is potential and uncertain.
Second, the use value is unlimited within a certain time limit. Although most of people's intellectual creations have a certain purpose, it can also be said that they are carried out for a certain purpose. However, in the use of the results of intellectual labor, the scope and field of use may change with the development of technology and changes in usage methods, and its use value will also increase or expand accordingly. Since technological innovation and use methods have unlimited development possibilities, within a certain time limit, the use value of intellectual property rights also has the possibility of unlimited increase.
Third, the enjoyment of use value. A tangible item can only be used by its owner alone at a time. However, intellectual property rights, which are intangibles, can be used by several people at the same time. For example, a patented technology can be used by the patentee himself or transferred to others for use, so that several users can enjoy the patent at the same time. However, although exclusive or exclusive sharing will not affect the quality of the patented technology, it may affect the value assessment of the patent. Because if one person monopolizes the market (monopoly), the benefits to users may be much greater, and if many people monopolize the market, the benefits must be shared by many people. If the market size remains unchanged, the price paid by the patentee to grant one person exclusive market share will of course be much higher.
Fourth, the proliferation of use value. When an ordinary item, such as a welding rod, is used in a machine, its use value is generally equally transferred and fixed to the machine. Intellectual property rights, such as a new welding process technology patent, when applied to a certain machine, can not only play a welding role, but also make the machine stronger, more durable, and more beautiful due to the improvement of the welding process, making the machine more durable and more beautiful. It produces a qualitative leap.
This means that when this patent is applied to a machine, its use value may not only be equally transferred to the machine, but may also produce new machines, or greatly innovate the original machines, bringing excess profits to the users. This should be paid full attention to when evaluating intellectual property rights.