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Introduction Valuation is needed at multiple stages in an IP asset’s life for diverse aims, including business or IP disposals, joint ventures, litigation outcomes, insolvency, financial reporting and tax matters (such as transfers between connected parties and transfer pricing). In every instance, a market value or arm’s length figure—or an arm’s length royalty for a licence—must be derived for a hypothetical transaction, ignoring owner‑specific synergies. There is no universal method; the chosen approach should reflect the putative deal and the level of robustness required, which depends on the asset’s significance, the nature of the transaction and the reason for valuing (eg loan security or a critical patent transfer). Comparison approach: references prices, bids or offers for comparable IP, often via specialist databases; typically a corroborative check due to scarce, non‑identical data and undisclosed terms. Income/economic benefit approach: discounts forecast cashflows, savings or profits to present value, commonly using royalty relief, premium profits or excess earnings; highly sensitive to assumptions, discount rates and remaining economic...
Types of valuation for R&I lawyers Pinpointing where the value breaks shapes any restructuring and dictates who occupies a place at the negotiating table (see Practice Notes: Where the value breaks and negotiating strength and Blocking majorities). Different creditor constituencies may commission their own valuations because these figures drive their eventual recoveries. With no statute prescribing a single methodology, parties must lean on intermittent court guidance. That uncertainty predictably spurs creditor challenges, as stakeholders select valuations that support the most favourable result for them. As a rule, using a number of techniques to produce a valuation range is sensible. In practice, applying more than one method helps triangulate the value range. Going-concern basis versus liquidation basis versus indicative bids A going concern basis (also called enterprise or firm value) assumes the debtor company continues to trade. The three principal approaches are: discounted cash flow (DCF)—present value of future cashflows comparable multiples—assessing similar companies asset-based value—appraising the company’s specific assets ...