Job description for an intellectual property appraiser

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Job description for an intellectual property appraiser. Full Document

Occupational Safety and Health

Occupational Safety and Health / Job descriptions

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I. General Provisions

An intellectual property appraiser belongs to the category of specialists.
An intellectual property appraiser should know:

current legislation of Ukraine, regulatory legal and methodological documents in the field of legal protection and evaluation of intellectual property;
Copyright;
antimonopoly law;
organization of work to establish the value of intellectual property objects;
the procedure for assessing intellectual property objects and methods for determining their value;
the procedure for establishing competitive factors for the use of intellectual property objects;
customs regulations;
the procedure for concluding contracts for the sale and purchase of intellectual property and registering the assignment of property rights;
basics of accounting and analysis of economic activities of the organization;
international treaties and agreements regulating legal issues related to objects of intellectual property;
ethics of business communication;
rules for negotiating with clients;
fundamentals of labor law.

Appointment to the position of an intellectual property appraiser and dismissal from the position is carried out by order of the head of the organization.

II. Official duties

Intellectual property appraiser:

Carries out appraisal activities.
Carries out work to establish the market value of objects of protected intellectual property, including industrial property (inventions, industrial designs, trademarks, service marks, appellations of origin, utility models), objects of copyright and related rights protection, computer programs, databases, topologies of integrated circuits, rights to technical, commercial information, production secrets (know-how) and other objects for which protection is provided in accordance with the legislation of Ukraine.
Establishes the value of intellectual property objects during their privatization, use of intangible assets for accounting purposes, commercial use, and also determines the balance sheet, rental, liquidation, insurance, loan and other types of value depending on the needs and purposes of valuation of intellectual property objects.
Carries out work to establish the subject, objectives of the assessment and ownership of the owner's rights to intellectual property.
Analyzes information about the subject of assessment for legal expertise, establishing parameters of its competitiveness that affect the cost.
Determines the forms and methods of valuation (cost, market, income) and the main pricing factors (direct and indirect costs, actual and planned income from the commercial use of property).
Substantiates the forms and methods of assessment, makes the necessary calculations of the expected economic benefits, license prices, etc.
Based on the results of marketing research, determines the volumes, prices and payment terms for the sale of products manufactured on the basis of the use of the evaluated object.
Establishes the actual costs associated with the creation, acquisition and introduction into economic circulation of an intellectual property object, adjusting them taking into account depreciation and the price index as of the date of the assessment.
Carries out business contacts, negotiates with clients, concludes contracts in the prescribed form, monitors their implementation.
Provides advice to clients on current laws and other regulatory legal acts of Ukraine, which should be followed when determining the value of intellectual property.
Prepares a reasoned report on the impossibility of participating in the assessment of intellectual property due to the occurrence of circumstances that impede the conduct of an objective assessment, and submits it for approval to the immediate supervisor for a final decision and transfer to the client.
Prepares a written report on the work performed, which indicates:

date of compilation and serial number of the report;
the basis for the appraiser to evaluate the object of intellectual property;
the legal address of the organization and information about the license issued to it to carry out valuation activities on intellectual property objects;
an accurate description of the intellectual property object, and in relation to an object owned by a legal entity, details of the legal entity and the book value of this object;
valuation standards for determining the appropriate type of value of an intellectual property object, the rationale for their use in the valuation, the list of data used in the valuation with an indication of the sources of their receipt, as well as the assumptions made during the valuation;
the sequence of determining the value of an intellectual property object and its final value, as well as the limitations and limits of the application of the result obtained;
the date of determination of the value of the intellectual property object;
a list of documents used in the evaluation and establishing the quantitative and qualitative characteristics of the intellectual property object.

He personally signs the report on the work performed, certifies it with his seal and hands it over to the client.
Reflects in the report the initial data and the content of the methods used for a complete and unambiguous interpretation of the results of the assessment of the object.
Provides security:

the evaluation report he has drawn up within three years;
documents received from clients and third parties in the course of the appraisal of the object of appraisal.

Respects the confidentiality of information received from clients during the assessment of the object.
Ensures in the process of appraisal activities compliance with laws and other regulatory legal acts of Ukraine relating to legal protection, use of intellectual property.

III. Rights

The intellectual property appraiser has the right:

Independently determine and apply methods for valuation of an intellectual property object in accordance with valuation standards.
Require clients, when conducting a mandatory assessment of an intellectual property object, to provide full access to the documentation necessary for this assessment.
Receive from clients clarifications and additional information necessary for the evaluation.
Request in writing or orally from third parties the information necessary for the assessment of an intellectual property object, with the exception of information that is a state or commercial secret.
To involve, as necessary, with the consent of the head of the organization and the client, third-party appraisers or specialists in the assessment of the intellectual property object on a contractual basis.
Get acquainted with the documents that define his rights and obligations in his position, the criteria for assessing the quality of performance of official duties.
Participate in the discussion of issues related to their duties.
Require the management of the organization to assist in the performance of his duties and the exercise of the rights granted.

IV. A responsibility

The intellectual property appraiser is responsible for:

For improper performance or non-performance of their official duties provided for by this Job Description - within the limits determined by the current labor legislation of Ukraine.
For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of Ukraine.
For causing material damage - within the limits determined by the current labor and civil legislation of Ukraine.

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