Intellectual Property: Valuation, Exploitation, and Infringement Damages, 4th Edition
DescriptionThis book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. It provides practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements; examines the business economics of strategies involving intellectual property licensing and joint ventures; and provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements.
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PART I: VALUATION.
1. Intellectual Property and Intangible Assets in the World Today.
2. Defining Intangible Assets and Intellectural Property.
3. Defining Intangible Assets and Intellectural Property—Tradmarks.
4. Intangible Assets and the Business Enterprise.
5. Accounting Issues.
6. Tax Issues.
7. Valuation Principles and Techniques.
8. Cost Approach.
9. Market Approach.
10. Income Approach: Quantifying the Economic Benefit.
11. Income Approach: Timing and Pattern of Receiving the Economic Benefit.
12. Income Approach: Evaluating the Risk of REceiving the Economic Benefit and Putting It All Together.
13. When Theory Meets Practice.
14. Special Valuation Situations.
15. Early-Stage Technology Valuation.
16. International issues.
PART II: LICENSING.
17. Emergence of Intellectual Property Exploitation Strategies.
18. Introduction to Exploitation Strategies.
19. Introduction to the History and Economics of Legal Limits on Licensing Intellectual Property Rights.
20. Economic Contributions of Intellectual Property.
21. Global Exploitation Potential.
22. Risks of Exploitation.
23. Use of the 25% Rule in Valuing Intellectual Property.
24. Licensing Economics and Royalty Rates.
25. Determining a Royalty Rate—An Example.
26. Dealing with Early-Stage Intellectual Property.
27. Tradmark Licensing.
28. Licensing Negotiations and Agreements.
29. Licensing Internet Assets.
30. Another View of Licensing Strategies.
31. Joint Venture.
32. Unversity Technology Transfer.
33. Organizing for the Future.
34. Monitoring License Agreements.
PART III: INFRINGEMENT DAMAGES.
35. Lost-Profit Calculations.
36. Royalty Rates and the Georgia-Pacific Factors.
37. The Analytical Approach.
38. Discounted Cash Flow Analysis.
39. Market-Derived Royalty Rates.
40. Monetary Relief in Trademark Litigation.
41. Estimating Damages for Infringement of Agricultural Biotechnology-Derived Products.
42. A Review of Court-Awarded Royalty Rates in Patent Infringement Cases (1990-2001).
43. Trademark Damage Trends in the Federal Circuit (1982-2001).
44. Recent Decision: Copyright Infringement Damages Can Be Based on Value of Licenses.
45. Trade Secret Damages.
PART IV: APPENDICES.
Appendix A: Investment Rate of Return.
Appendix B: Theoretical Foundations for the Determination of a Fair Rate of REtuen on Intellectual Property.
Appendix C: The Use and Abuse of Iowa Curves When Quantifying Appraisal Depreciation.
Appendix D: Financial and Business Information Sources.
Appendix E: Sample Royalty Rates Information.
Appendix F: Overview of New Product Diffusion Sales Forecasting Models.