Trademark Valuation

Extract

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Trademark Valuation

1. INTRODUCTION

Without intention to sustain an eminently economics theory on the nature of the Intellectual Property rights, it is undeniable that its objective and defense lie mainly in factors of economic character. Since through the legal guardianship it is the goal to promote the creativity and the trade, to protect the investments and to the incumbents, to recognize the public and private interests, to favor the cultural, educational, technology, and commercial development in a given society, contributing in this way to its integral development, nowadays indispensable within the processes of integration and globalization, which has had as a consequence the need for strengthening the existing rights as well as the recognition of new rights and forms of exploitation, together with the existence of effective, fast, and economic measures for its effective protection and defense.

Being intellectual property rights a branch of the private law that studies and regulates the regimen of applicable protection to the intangible goods, perceptible through the intellect, that refer to the creations of the human talent or the ones that not necessarily are the result of a creative act; they ensure the progress of the culture and consolidate the freedom of trade and industry.

Several forms of Intellectual Property constitute the basis for the market domination and the continuous acquisition of gains, very often are the principal objective in mergers, procurements, and contracting; which means that, the Intellectual Property is the most important assets that a company can have.

The rights on patents, distinctive signs, and works of the talent are recognized by the economic benefits that from them are derived; at the world level, the companies are licensing, assigning, acquiring, and transferring technology, franchises, signing joint ventures, etc. The banks are accepting these assets ...

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