"Estimation of rights on objects of intellectual property. Method relief from royalty."/O.Khuharskaya, A.Podlipskaya, A.Chirkin

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Economy branch: Assessment activities
Kind: Tutorial
Preparing date: December 2015
Page number: 243
Language: Russian
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The book discusses the legal, organizational and methodological questions of evaluation of intellectual property rights in the framework of the application of one of the most widespread evaluation methods - method of relief from royalty.


A wide range of issues concerning legal protection and transfer of intellectual property rights analyzed in relation to the domestic conditions. We consider the legal and methodological framework of the evaluation.

Special attention is paid to the issues of determining the royalty rate. Examples of valuation of rights to use inventions and marks for goods and services, as well as an assessment of lost profits.

The publication is intended for intellectual property right holders, producers, professionals who practice assessment, and those who are curious and want to understand the process and the results of evaluation of rights to objects of intellectual property, intangible assets, and businesses.

The contents

1. Problematic issue

2. The intellectual property rights

3. The regulatory framework and law relating to intellectual property

3.1 Regulatory framework in the field of intellectual property
3.1.1 General legislation of Ukraine in the sphere of intellectual property
3.1.2 Special legislation of Ukraine in the sphere of industrial property
3.1.3 Special legislation of Ukraine in the sphere of copyright and related rights
3.1.4 International treaties and agreements in the field of intellectual property

3.2 Rights related to intellectual property
3.3 Types of license agreements
3.4 Licence agreements and license
3.5 License copyright

4. The theoretical basis of the method of royalty


4.1 the Concept of royalty
4.2 Lump-sum and combined payments
4.3 Minimum payments and guarantees
4.4 Base royalty

5. Royalty rates


5.1 Average royalty rate
5.2 Determination of fair royalty rates
5.2.1 the royalty Rate based on comparable transactions
5.2.2 Differentiated royalty rates
5.2.3 Possible situation, the formation of royalty rates

5.3 Adjustment of royalty rates
5.4 royalty Rates for trademarks for goods and services
5.4.1 General data on marks for goods and services
5.4.2 Trends in royalty rates for trademarks

5.5 Minimum rates of remuneration
5.5.1 royalties when you create service works
5.5.2 Royalties for copyright and related rights

5.6 royalty Payments in the Tax code of Ukraine
5.7 calculation of the royalty rate
5.7.1 Method of comparative analysis of sales method and standard royalty rates
5.7.2 Method of limiting royalty