The essay topic: the use of intellectual property as a form of capital contribution in business organizations.( mostly the use of Patents and Utility Model).
Intellectual property rights (IPR) capitalisation is a method of capitalisation in which the investor contributes to the registered capital at the time of the establishment of a company with assessed and qualified IPRs, thereby obtaining a valuation of the consideration. It means I want to be the shareholder of a company, then I pay the shares with IPR,which is one of forms of non-cash consideration for shares.
I didn’t find the appropriate keywords for legal research related to this question. I also don’t know if people can buy shares in a company with intellectual property rights in the UK. So I need relevant resources.
My initial table of contents and questions are below:
Problem questions:
1.Can patent and technology be contributed as capital into shares?
2.What are the requirements of contributing patent and technology as capital into shares?
3.How to assess the value of patent and technology to confirm the equity shares?
Table of Content:
1.Introduction
2.The forms of intellectual property can be contributed as capital into shares (Regarding the limitation of length, I would just focus on the Patent and Technology)
Copyright: licensing their works to other companies or individuals and receiving remuneration for them.
Patent: licensing agreements, franchising, or the transfer of patents.
Trademark: trademark owner may license its trademark to other businesses and receive a benefit from it.
Technology Licensing Agreements: the IP owner and the licensee agree to grant the right to use it and may receive royalties or equity.
3.Eligibility of patent and technology for equity contribution
Legal theory
Legislation
Legal practice
4.Can “Right to apply for and obtain a patent” be used for capital contribution?
5.The requirements of capital contribution via patent
Transfer or just licensing?
Non-exclusive or exclusive licensing?
Can licensee use their right to obtain share?
Restrictions on the percentage of equity contribution by patents
6. How to assess the value of patent and technology to confirm the equity shares?
The methods for assessing the value of patent and technology in different jurisdictions.
The various legal process for patent and technology’s value assessment in different jurisdictions.
Evaluate different jurisdictions’ methods and process, analyse implications.
7.The risk of capital contribution via patent and technology
Inadequate risk control systems for valuation assessment
Inadequate protection of the stability of the value of intellectual property after capital contribution
8. Improvements in the system of rules for patent contributed as capital into shares
9.Conclusion
Please provide me with:
specific problems and controversies. more accurate and coherent presentation of my topic and table of contents
Diverse litratures, at least 20, must include leading journals’ articles and UK cases( use BAILII)
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