earticle

영어

IP valuation is a fundamental foundation for the purpose of enhancing the IP based transactions. Basically the valuation tool for the IP has to be same due to the very nature of value of goods and services, and even the valuation of the Corporate control. However the more homogeneous the target asset will be, the more easy to be assessed. To the contrary the rare the number of transactions occurred, the more difficult to assess due to the difficulty of founding a benchmark. In this paper, I try to show that the difference of the price and value together with the valuation methodologies such as income approach, market approach. Income stream has to be the basis point of valuation of the asset to seek for the reasonable value of the asset intrinsically. In valuing the IP, market approach could be used as is the same case with the valuation of other asset. In this cases similarly situated royalties under similar conditions could be a good reference for finding the reasonable royalty rate(“r” in this paper). However it is not that common to find this sort of royalty rate. Often times, we have to rely upon any other ways of valution approach to find resonable royalty(“R” in this paper). Given this assumption, I try to show that the Geogia-facific test using Geogia-facific 15 factors and Panduit test using 4 criteria originally developed by US Courts in applying 35 U.S.C.§284 to calculate the damages could be the variables for valuation of IP rights.