IP Management

IP Licensing Management And Monetization

會計師對財稅的探析
專利師對智財的洞察

Start-up companies will experience many partnerships during their operations. The use of intellectual property rights varies with different organizational types, and the authorization relationship of intellectual property rights is also closely related to finances and taxes. Authorization management has repeatedly become a major issue in the governance of startups.

The following guide answers are used to help analyze the company’s status, and the patent experts and accountants will list the problems frequently encountered by startups:

1.「我們是合夥關係,利用智財權要注意哪些事情?」

In principle, the partnership relationship distributes the partners’ property in accordance with the partnership contract. This means that the use or disposal shall be subject to the consent of all partners.

2.「我們是公司股東關係,利用智財權要注意哪些事情?」

Need to confirm who owns the intellectual property rights? When using or disposing of the company’s intellectual property rights, one must pay attention to whether there is a “right” to use or dispose of it on behalf of the company.

3.” What are the precautions for the use and disposal of intellectual property rights in technology stock (dry stock) contracts?”

  • In the case of intellectual property rights as the investment subject matter of technology stocks, it is necessary to pay attention to the scope of the contract, time, special restrictions… etc.
  • The patent rights and trademark rights obtained by the company’s own research and development cannot be used as the share capital (capital contribution) of the company.
  • If the company has a joint venture with other companies, the patent rights and trademarks it holds can acquire shares in other companies.
  • For intangible assets developed by the company itself, the cost of application for registration shall be used as the acquisition cost and amortized according to the legal number of years.

4.When the parent company establishes a new company, can the intellectual property rights be the subject of capital contribution

Yes. It is necessary to pay attention to the overall consideration of finance, taxation, and intellectual property when operating. For example, the amount of funds contributed by the intellectual property rights, the ownership and cooperation mode of the intellectual property rights, reflecting the status of the financial statements… etc.

5.Under the authorization relationship, how to avoid the technology being learned by others?

  • The rights and obligations stipulated in the authorization contract must be used carefully. However, although there is a contract that binds both parties to the cooperative relationship, when a real dispute arises, the burden of proof may become an obstacle to the exercise of rights.
  • Managing the authorization relationship is a major difficulty for the company. The management manpower, the time spent, the trust basis of both parties, the management method, etc., have repeatedly tested the cooperative relationship.

6.How to use intellectual property rights to effectively attract investors’ attention?

patent

  • Patent rights are no longer just used as litigation tools; the purpose of patent rights has become the key to commercial success.
  • Obtaining patent rights is a long way from litigation and exercise of rights.
  • In the company’s business process, reviewing the purpose of various types of intellectual property rights originally obtained is in line with the company’s current operating plan.
  • Attractive and potential technology, how to package
  • Advertising has repeatedly emphasized the uniqueness of patent rights, which may contribute to the success of marketing.

Trademark rights

  • The acquisition of trademark rights is the basic task of brand management. The value of a brand lies in the company’s efforts in all aspects, reflected in the brand (trademark rights). In the accounting concept, how can the value of trademark rights be reflected? Use trademark rights for litigation? Marketing cost? Authorization fee?
  • The exclusive use of trademark rights guarantees brand value. How to use this feature to attract investors? How does the company use trademark rights? Can you tell a good story for the brand?

免費諮詢,讓我們攜手創造不凡。

或電洽 886-2-2232-0232 #18 江小姐 Erin Chiang

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