When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View

• Author: Raul Sorin Fântâna
• Profession: University of Oradea, Management Faculty
• Pages: 27-35

When the Trademark Owner is not also the User. Consequences for

the Asset Valuation. The Judiciary Technical Expert's Point of View

Lecturer Raul Sorin FÂNTÂNĂ

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Abstract

The intangible asset valuation is increasingly important both to the judicial

practice and private activity. There are dozens of intellectual property trials in Romania

annually, of which a significant number are related to the violation of rights and, implic-

itly, to the assessment of the prejudice. Wishing to remain the owner of the intangible

asset even when the company enters into a potential insolvency procedure, the owner of

the company protects his asset by his own name, but forgets or fails to establish a transfer

of rights agreement between himself and h is company - usually a license, so that the use

by the firm of their own asset, e.g. a trademark, be fully legal. The fair valuation of the

asset as well a s of the loss must have as main source the accounting data of the parties

to the process. This paper highlights both the difficulties encountered in the evaluation

process when the trademark owner is not the user, and some of th e consequences for the

asset evaluation p rocess. The material is based on real-life situations in the practice of

over 20 years as a judicial expert of the author and seeks to be a real support in the act

of justice.

Keywords: intellectual property, counterfeiting, tacit licence, title holder, ev al-

uation, unfair competition, transactional relationships

JEL Classification: K49, L14, M29, O34

1. Introduction

The ever growing number of specialised papers on topics from the field

of intellectual property assets demonstrates the interest of specialists in this spe-

1

Raul Sorin Fântână, PhD MSc, ”EMANUEL” University of Oradea, Management Faculty; PhD

Student – ”Lucian Blaga” University of Sibiu, Faculty of Cybernetics and Statistics; Administrator at

”Fantana Raul Sorin &Assoc.” SRL, raul_fantana@yahoo.com