How Intellectual Property Lawyers In India Manage Valuation Engagement
There is a typical approach to managing intellectual property and valuation engagement. Usually, it begins with the process of sales, which differs from one organization to another and ends with the delivery of the valuation report. The intent of project preparation in the process of IP valuation is to make the team ready that is going to perform the valuation engagement by preparing an outline of the project expectations. One of the first things to do is to organize a meeting to kick off the project and the meeting brings all those members of the team that is going to work on the engagement and discuss the issues in detail. As far as the valuation engagement is concerned, the project meeting is a significant aspect as it sets the direction and tone of the engagement.
Carrying due diligence
When it comes to the process of engagement, the intellectual property lawyers in India recommend the process of due diligence through the valuation analyst whounderstands the value of intellectual property suitably. The valuation analyst also meets the customers to review the IP, understand the status of the IP rights, target market of the IP, the extent of competition it can incur, the development cost, and envisage the economic expectations surrounding the IP.
Analyzing the IP
The next step in the process of valuation is to analyze the IP engagement and during this stage, the analyst must generate a proper and comprehensive understanding of the intellectual property. The procedure includes determining the use of IP in the existing market the claims against the IP, the series of ownership of the intellectual property if any, the litigation record and the other related to the IP owner’s litigation, and its existing status development, its administrative status such as the maintenance fees of the patent that exists. Consulting with the intellectual property lawyers while determining the exact value of the intellectual property is a great way to start.
Model of valuation
Once the analyst gains knowledge about the market and the legal status of the intellectual property or the qualitative measures, everything is to be pulled together into a model of valuation, which refers to the quantitative measures and this is the function of modeling in the valuation engagement process. However, the analyst cannot start with the work of modeling without comprehending the IP that is under review and the market wherein the deployment of the IP occurs. One of the purposes of valuation modeling is to decide the figure of the revenue for the given intellectual property against the alternatives that identified as the competitors in the market. Without knowing the prospective demand and pricing of the IP, the valuation analyst cannot perform the analysis properly.
Reporting the valuation
Writing the valuation report is one of the major elements of the process present in an IP valuation engagement process. After successfully pulling out the procedures of due diligence, market research, IP analysis, and valuation modeling into a complete and cohesive product of work requires thorough understanding of the intellectual property law and various aspects in the surroundings to make the valuation more accurate and precise.
Supporting the project
The kind of project support is going to vary according to the engagement. Many customers may not call again when the valuation report satisfies them and they do not need project support at all such as in a situation where the seller hires the analyst for providing a value of the intellectual property to ensure that the seller receives the right amount. However, there are several others who may need constant support including the availability of the analyst for answering the questions, and also to testify during the legal proceedings. Although it may be hard to predict the extent of such project support in the beginning, the analysts provide support during the post-project state either hourly at a level that is included clearly in the description of the engagement.
Summing it up
The valuation of intellectual property helps you to understand the exact value of the IP and judge its competitiveness. Furthermore, the application of methodology and the assumptions that are drawn while applying the method also affect the value of IP in the market. The competitiveness of the IP asset assists in determining the comparative valuation and ensures that it holds in the market and the threats of new substitutes affect the value of the IP assets.
Carrying due diligence
When it comes to the process of engagement, the intellectual property lawyers in India recommend the process of due diligence through the valuation analyst whounderstands the value of intellectual property suitably. The valuation analyst also meets the customers to review the IP, understand the status of the IP rights, target market of the IP, the extent of competition it can incur, the development cost, and envisage the economic expectations surrounding the IP.
Analyzing the IP
The next step in the process of valuation is to analyze the IP engagement and during this stage, the analyst must generate a proper and comprehensive understanding of the intellectual property. The procedure includes determining the use of IP in the existing market the claims against the IP, the series of ownership of the intellectual property if any, the litigation record and the other related to the IP owner’s litigation, and its existing status development, its administrative status such as the maintenance fees of the patent that exists. Consulting with the intellectual property lawyers while determining the exact value of the intellectual property is a great way to start.
Model of valuation
Once the analyst gains knowledge about the market and the legal status of the intellectual property or the qualitative measures, everything is to be pulled together into a model of valuation, which refers to the quantitative measures and this is the function of modeling in the valuation engagement process. However, the analyst cannot start with the work of modeling without comprehending the IP that is under review and the market wherein the deployment of the IP occurs. One of the purposes of valuation modeling is to decide the figure of the revenue for the given intellectual property against the alternatives that identified as the competitors in the market. Without knowing the prospective demand and pricing of the IP, the valuation analyst cannot perform the analysis properly.
Reporting the valuation
Writing the valuation report is one of the major elements of the process present in an IP valuation engagement process. After successfully pulling out the procedures of due diligence, market research, IP analysis, and valuation modeling into a complete and cohesive product of work requires thorough understanding of the intellectual property law and various aspects in the surroundings to make the valuation more accurate and precise.
Supporting the project
The kind of project support is going to vary according to the engagement. Many customers may not call again when the valuation report satisfies them and they do not need project support at all such as in a situation where the seller hires the analyst for providing a value of the intellectual property to ensure that the seller receives the right amount. However, there are several others who may need constant support including the availability of the analyst for answering the questions, and also to testify during the legal proceedings. Although it may be hard to predict the extent of such project support in the beginning, the analysts provide support during the post-project state either hourly at a level that is included clearly in the description of the engagement.
Summing it up
The valuation of intellectual property helps you to understand the exact value of the IP and judge its competitiveness. Furthermore, the application of methodology and the assumptions that are drawn while applying the method also affect the value of IP in the market. The competitiveness of the IP asset assists in determining the comparative valuation and ensures that it holds in the market and the threats of new substitutes affect the value of the IP assets.
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