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How can you value IP assets with difficult to quantify value, such as brand reputation?

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Intellectual property (IP) assets are often crucial for the success and competitiveness of a business, but how do you measure their value, especially when they are intangible and hard to quantify, such as brand reputation, customer loyalty, or innovation potential? In this article, you will learn about some of the methods and challenges of IP valuation in the context of contract management, and how to apply them to your own IP assets.

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1 Why value IP assets?

Valuing IP assets is not only important for accounting and reporting purposes, but also for strategic and operational decisions, such as licensing, mergers and acquisitions, litigation, or innovation management. By knowing the value of your IP assets, you can negotiate better contracts, protect your competitive advantage, optimize your tax and legal position, and identify new opportunities for growth and improvement.

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Mohammad Wahba

P3 delivery | Rail & Transit | heavy civil delivery | construction law | Resolving disputes
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A unique IP is at the top of the competitive advantage pyramid. When an organization holds an IP that distinguishes it from competitors, it positions it in a higher financial and negotiation position. In addition, it allows the organization to influence the contract's pricing, terms and conditions, and exclusivity. Accordingly, evaluating the value of IP to the market is paramount for the organization's strategic position.

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2 What are the main methods of IP valuation?

There are three main methods of IP valuation: income, cost, and market. The income method estimates the future cash flows that the IP asset will generate or save for the owner, and discounts them to the present value. The cost method estimates the cost of creating or replacing the IP asset, taking into account factors such as research and development, legal fees, and opportunity costs. The market method compares the IP asset to similar or comparable IP assets that have been sold or licensed in the market, and adjusts for differences in quality, scope, and context.

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3 What are the challenges of IP valuation?

IP valuation has its own advantages and limitations, depending on the type, nature, and purpose of the IP asset. However, some common challenges apply to all methods. Data availability and reliability can be an issue, as IP valuation requires access to relevant and reliable data, such as financial projections or industry benchmarks. Furthermore, assumptions and uncertainties must be made when valuing IP assets, such as the expected life span or risk level. Finally, standardization and comparability is a challenge due to the lack of a universally accepted standard or framework for IP valuation.

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4 How to value IP assets with difficult to quantify value?

IP assets such as brand reputation, customer loyalty, or innovation potential have a high strategic value, but a low or uncertain financial value. These IP assets are difficult to quantify because they depend on intangible factors that are hard to measure and predict. To accurately value these IP assets, you need to use a combination of qualitative and quantitative methods. These methods include surveys, interviews, focus groups, case studies, benchmarking, statistical modeling, scenario analysis, and sensitivity analysis. Additionally, you should use multiple criteria and indicators to evaluate the value of your IP assets in relation to your overall business strategy. Lastly, scenario and contingency planning should be used to account for any uncertainties or risks that may affect the value of your IP assets. Collecting data from multiple sources and perspectives along with considering potential impacts and outcomes of different scenarios will help you prepare responses and actions for any changes that may occur.

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Mohammad Wahba

P3 delivery | Rail & Transit | heavy civil delivery | construction law | Resolving disputes
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I agree. In addition, examining and reviewing the organization's data and statistics of business performance due to IP contribution from the financial position, reputation, and brand could be another way to evaluate the IP value. For example, calculating how many new opportunities have been generated in past years solely because of the unique IP value. How has the organization's reputation expanded locally or globally, and what potential businesses are in the pipeline due to the unique IP?

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5 How to apply IP valuation to contract management?

IP valuation is a key skill for contract management, as it helps you to negotiate, draft, execute, and monitor contracts that involve IP assets. To apply IP valuation to contract management, you need to define the scope and purpose of the IP valuation, select the appropriate method and approach of the IP valuation, conduct the IP valuation and report the results, and use the IP valuation to inform and support the contract negotiation. This includes characteristics such as the type, nature, and ownership of the IP assets, availability and reliability of data, assumptions and uncertainties involved, standardization and comparability required, best practices and guidelines of IP valuation, data sources, assumptions, judgments, calculations, conclusions presented in a clear manner. Additionally, it entails setting fair terms and conditions for your IP rights and obligations while also reviewing and updating the IP valuation as needed.

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6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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How can you value IP assets with difficult to quantify value, such as brand reputation?

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1 Why value IP assets?

2 What are the main methods of IP valuation?

3 What are the challenges of IP valuation?

4 How to value IP assets with difficult to quantify value?

5 How to apply IP valuation to contract management?

6 Here’s what else to consider

Contract Management

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