Værdiansættelse og transfer pricing af patenter og varemærker

Christian Rogersen

Student thesis: Master thesis

Abstract

Intangible assets play an ever increasing role in the economy today, and a significant amount of the value recorded on the balance sheets across the globe arise from intellectual property such as patents and trademarks. This new economy also gives rise to a number of new challenges. How exactly is the value of patents and trademarks to be accounted for and what will the implications be in financial statements. This paper seeks to determine a valid method of measuring the net present value of patent and trademarks in accordance to international accounting standards. This gives rise to a number of issues concerning the choice of best method of measuring intellectual property as well as choosing models for strategic analysis and estimating an applicable discount rate which will all be determined through the course of the analysis. This analysis further shows that the accounting standards might not take all conditions into account when outlining the guidelines for determining the net present value of intangible assets. The rise of intellectual property also brings some challenges when it comes to international taxation. Since the ownership of intangible assets easily can be moved from one member of a multinational entity to another and the ownership might be located in one country and the business related to the asset in another where is any income supposed to be the subject of taxation? Since transfer pricing is an international problem a comparative study have been carried out to analyse whether a doctrine concerning the economic ownership of intangible assets is applicable to patents and trademarks. The outcome seems to be somewhat insecure but a rule of thumb that the legal owner probably also is economic owner can generally be applied, although the investigation revealed minor differences on an international scale.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2009
Number of pages82