This guidance note discusses the valuation of intellectual property (IP), a subset of intangible assets. Its purpose is to expand on the International Valuation Standards (IVS) and RICS Valuation – Global Standards (Red Book Global Standards) in order to clarify the legal, functional and economic characteristics of IP that should be considered and reported on in an IP valuation.
IP is a legal concept that refers to creations of the mind which are derived from intellectual or creative effort and for which exclusive rights are recognised at law. These rights enable the owner to prohibit others from using their property without permission.
IP can be categorised as registered or unregistered, and includes:
• design rights
• plant breeders’ rights and
• trade secrets, which in this document mean confidential information that has commercial value.
This guidance note describes how the legal, functional and economic characteristics of IP influence the definition of the IP that is the subject of the valuation (subject asset), the extent of investigation, the choice of valuation methodology and the valuation analysis.
2nd edition of this guidance note is effective from 1 June 2020.