Consumption, linked to the well-being of people, and economic development, are important underpinnings for the improvement of people's lives and an important internal engine for high-quality economic development. Recently, the ministry of finance and the ministry of commerce issued a circular on the piloting of a new new business model for consumption, proposing the creation of new consumer scenarios for the physical integration of businesses, supporting high-quality consumption resources with well-known cross-border ip names。
Rationalization of the value of intellectual property is an important element in the transformation of intellectual property operations, and in the chain of creation, application, protection, management and services of intellectual property, the full professional role and function of asset assessment is a key element in promoting the orderly flow and optimal allocation of intellectual property resources。
To this end, the ministry of finance, the national directorate of financial supervision, the national intellectual property authority and the national copyright authority have recently issued a joint circular on the further regulation of certain aspects of the valuation of intellectual property assets (hereinafter referred to as " the circular " ), which proposes to optimize the professional role of asset assessment in the use and protection of intellectual property, regulate the conduct of intellectual property asset assessment practice, and strengthen the supervisory and self-regulatory management of intellectual property asset assessment。
Improving the quality efficiency of assessments
In order to increase the supply of quality consumption, further unleash the potential for diversification and differentiation of consumption, and expand domestic demand in all its dimensions, the ministries of finance and commerce recently issued a circular on the piloting of new patterns of consumption, offering support for high-quality consumption resources and well-known cross-border ip. Building on the digital entertainment and intellectual property (ip) incubation platforms of the internet, the design, development, production, marketing and promotion of industry-wide chains, the development of a series of peripheral products, the opening of immersioned consumption spaces such as thematic and conceptual shops stimulates the potential for high-quality resource consumption. Support for the launch of a comprehensive and wide-ranging, social and creative consumption landscape around indigenous cultures, with traditional resources such as the national twilight comic-video intellectual property rights (ip) and the mandarin museum, non-inherited institutions and historic and cultural centres。
To realize these visions, attention must be paid to the professional role of asset assessment in the application and protection of intellectual property rights and to the level of regulatory regulation of the intellectual property asset assessment industry。
To this end, the circular issued by four departments, including the ministry of finance, provides for the supervision and management of intellectual property asset assessment in accordance with the law, timely statistics, disclosure of intellectual property asset assessment operations and related statistics, the development of an open, transparent and efficient platform for operational data services for intellectual property asset assessment, the strengthening of the regulation of reports on large-value intellectual property asset assessment, the encouragement of financial institutions to take full advantage of specialized asset assessment services to enhance risk management of intellectual property pledge financing, the promotion of communication and cooperation among, inter alia, asset assessment agencies, intellectual property services, copyright registries, commercial banks, etc., and the improvement of the quality and efficiency of intellectual property asset assessment and the rational use of intellectual property asset assessment results。
In addition, the circular requires the china asset assessment association to strengthen its self-regulatory and professional guidance to asset assessment agencies in the conduct of intellectual property asset assessment operations in accordance with the law, to further improve the system of guidelines for intellectual property asset assessment, to increase the education and training of asset assessment professionals, to regulate the conduct of intellectual property asset assessment practice and to improve the professional service capacity of asset assessment agencies in intellectual property asset assessment。
Regulating industry access thresholds
According to the relevant head of the ministry of finance, we currently have a better consumption base. The national transport infrastructure has developed a super-large network that gives consumers access to travel options from large to large and small to rural areas, greatly facilitating consumer travel and consumption. The level of supply of consumer goods has increased significantly and the ease of consumption continues to increase. In particular, new technologies, innovations and new demand-driven new consumption patterns are emerging, and the cross-border integration of consumption scenarios, such as the physical fitness of businesses, is generating new and incremental consumption demand. At the same time, the quality of supply in some areas has yet to be improved, traditional business practices have not been effective in meeting the diversified and individualized consumption needs of the population, and new consumption patterns, patterns and scenarios are still insufficient and the pull effect has not been fully realized。
To that end, improving the capacity of intellectual property to convert to business is a major issue in the innovative development of new patterns of consumption. Intellectual property values themselves are dynamic and difficult to quantify directly, transforming their potential innovative value into identifiable and protective economic value through scientifically regulated asset assessments。
In the circular, four departments, such as the ministry of finance, proposed that asset assessment bodies should undertake and implement intellectual property asset assessment operations with appropriate professional competencies, quality control and risk control capabilities, including:
Asset assessment agencies engaged in intellectual property asset assessment should comply strictly with relevant laws and regulations and asset assessment guidelines. In the asset assessment process, intellectual property characteristics should be fully taken into account, and the value of intellectual property assets should be assessed independently, objectively and impartially, and not directly based on predetermined values。
Asset assessment bodies engaged in ipr asset assessment should strengthen the education and development of professional ethics, professional competence and comprehensive qualities of ipr asset assessment; improve the quality of ipr asset assessment services by strengthening project risk control and quality assessment reviews of ipr asset assessment operations; and take into account workload, project cost projections, rational determination of project fees, reduction of business burdens, stimulation of business owners ' innovation and enhancement of the economic effectiveness of service providers。
Where an asset assessment body is engaged in intellectual property asset assessment operations and lacks specific expertise and experience, it may engage experts in intellectual property rights or related industry areas such as patent, trademark, copyright, integrated circuit chart design, etc. For functional new types of patents and outward design patents, reference may be made to relevant professional reports such as patent evaluation reports; for copyright, reference may be made to relevant professional reports such as copyright identification reports. Asset assessment agencies are encouraged to actively develop intellectual property professionals, such as patent agents, intellectual property owners and copyright brokers, and to build complex assessment teams。
Asset assessment agencies are engaged in intellectual property asset assessment operations, using new new tools such as large data and artificial intelligence, which can reasonably be applied to the actual situation, conducting research on product market forecasting, assessing technological improvements, exploring the use of modern information technology to build smart assessment models and upgrading the specialization and intellectualization of intellectual property asset assessment services。
The asset assessment body, which carries out the ipr pledge asset assessment exercise, should pay attention to the dynamics of the value of the ipr asset, its intangible nature, and the wide diversity of its liquidity, and take full advantage of the professional role of the ipr asset assessment and provide a decision-making point for financial institutions such as commercial banks, insurance companies and financing guarantee companies to control the risk of ip pledge financing。
Emphasis on the legal operation
The piloting of new patterns of new consumption patterns is an important step towards implementing the deployment of party central, state council decision-making, boosting consumption and expanding domestic demand. In order to maximize financial efficiency, the ministry of finance and the ministry of commerce have proposed strict financial supervision to ensure effectiveness by means of a pilot job announcement to launch a new business model for consumption。
The ministry of finance has emphasized that subsidies may not be used for the construction or expansion of infrastructure, fines, sponsorships, debt repayments, and staff and work expenses of financial assistance units, or for prohibited expenses such as land development, land reclamation, construction of government buildings, etc., or for fraudulent collection of subsidies. The pilot cities need to strengthen day-to-day fund management and risk management, strengthen the interface with other financial resources, avoid duplication of project funding arrangements and actively improve the performance of funds。
Improving the regulatory capacity for assessing intellectual property assets is an important element for actively improving financial performance. Objective and impartial asset assessments provide a pricing basis for intellectual property rights such as patents, trademarks, copyrights and can greatly help market recognition and smooth transformation of innovation, and help to activate intellectual property values and drive innovation。
In this regard, the circulars of the four departments emphasize that asset assessment bodies and their asset assessment professionals should conduct intellectual property asset assessment operations in accordance with the law and should not unduly engage in business and irregular practice. Assets assessment bodies are legally responsible for violations of laws and regulations in the process of assessing intellectual property assets。
The client shall provide in good faith such information as title certificates, financial accounting information, patent evaluation reports and copyright registration search certificates as may be required for the intellectual property asset assessment operation and shall not interfere with the outcome of the assessment; the user of the evaluation shall use the evaluation report in accordance with the legal requirements and the scope of use specified in the evaluation report。
When applying the results of asset assessments by commercial banks, financial institutions such as insurance companies and financing guarantee companies involved in intellectual property pledge financing, attention should be paid to the relationship between the amount of the loan or collateral and the value of the assessment, to the reasonable determination of the pledge rate, to the technical type of intellectual property rights, to such characteristics as the rapid technological upgrading of the subject of the asset pledge, to the reasonable determination of the duration of the loan or guarantee and to the control of the risk of intellectual property pledge financing。
