The Legal Framework of Patent Valuation: A Comparative View between the US, the PRC and Vietnam

Authors

  • Tran Van Nam National Economics University Faculty of Law Faculty of Law, National Economics University, Giai Phong Rd, Hai Ba Trung Dist., Hanoi, Vietnam. Author
  • Tran Manh Hung National Economics University Faculty of Law Faculty of Law, National Economics University, Giai Phong Rd, Hai Ba Trung Dist., Hanoi, Vietnam. Author
  • Do Tran Thanh National Economics University Faculty of Law Faculty of Law, National Economics University, Giai Phong Rd, Hai Ba Trung Dist., Hanoi, Vietnam. Author
  • Truong Tan Dung National Economics University Faculty of Law Faculty of Law, National Economics University, Giai Phong Rd, Hai Ba Trung Dist., Hanoi, Vietnam. Author

Keywords:

Intellectual Property, IP Valuation, Patent Valuation, Patent Citation, Patent Monetization, Patent Commercialization

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.

Published

2024-02-20

Issue

Section

Articles

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