When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View
When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View

Author(s): Raul Sorin Fântână
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: intellectual property; counterfeiting; tacit licence; title holder; evaluation; unfair competition; transactional relationships
Summary/Abstract: The intangible asset valuation is increasingly important both to the judicial practice and private activity. There are dozens of intellectual property trials in Romania annually, of which a significant number are related to the violation of rights and, implicitly, to the assessment of the prejudice. Wishing to remain the owner of the intangible asset even when the company enters into a potential insolvency procedure, the owner of the company protects his asset by his own name, but forgets or fails to establish a transfer of rights agreement between himself and his company - usually a license, so that the use by the firm of their own asset, e.g. a trademark, be fully legal. The fair valuation of the asset as well as of the loss must have as main source the accounting data of the parties to the process. This paper highlights both the difficulties encountered in the evaluation process when the trademark owner is not the user, and some of the consequences for the asset evaluation process. The material is based on real-life situations in the practice of over 20 years as a judicial expert of the author and seeks to be a real support in the act of justice.

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