CWR > Volume 9(2); 2023 > Article
Research Article
Published online: September 1, 2023
DOI: http://dx.doi.org/10.14330/cwr.2023.9.2.04
The Legal Framework of Patent Valuation: A Comparative View between the US, the PRC and Vietnam
Tran Van Nam & Tran Manh Hung & Do Tran Thanh & Truong Tan Dung
National Economics University Faculty of Law
Faculty of Law, National Economics University, Giai Phong Rd, Hai Ba Trung Dist., Hanoi, Vietnam.
Corresponding Author: namtv@neu.edu.vn
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
In today’s world, intellectual property (IP) rights have become a significant part of overall corporate value as well as a “driver of important market transactions.” Nevertheless, patent commercialization and claims for damages due to patent infringement are often obstructed by parties’ differing positions on the patent value. To improve Vietnam’s legal and practical environment for patent valuation, this paper constructs a comparison of the prevailing frameworks of the United States and the People’s Republic of China with that of Vietnam to make recommendations meeting the stated purpose. An analysis of relevant academic literature suggests that parties should be allowed to choose their preferred valuation technique even when having engaged valuation professionals. Also, valuation service providers should be able to demonstrate the underlying rationale for selecting a particular valuation method. Other valuation techniques, such as forward citation counting, should also be studied to provide private parties, patent valuators and relevant state agencies in Vietnam with more options when facing the need to value a patent.
Keywords : Intellectual Property, IP Valuation, Patent Valuation, Patent Citation, Patent Monetization, Patent Commercialization
