| 英文摘要 |
Patent valuation is not a novel matter in developed countries, but still a challenging task in developing countries like Vietnam, due to the nascent practice and inadequate regulation. In the US, patent holders and patentees don’t rely mainly on patent val uations as a basis for license deals. A“pre negotiation valuation”approach leading to a mutually designed“value capture/risk sharing mechanism”(i. a license agreement) is often a preferred path for commercializing new technologies. However, the diff iculty with the valuation of intellectual property assets is one of the many obstacles to the commercialization of patents, especially those domestically developed by Vietnamese entities. To complete this study, the authors have combined data collection and analysis. Data collection methods included written reflection and secondary source verification. The study has also pursued the case study method, conducted by the authors regarding the real invention of Inventor Lai Minh Chuc. This article uses a norma tive legal approach to address new issues of intellectual property including patent valuation. This paper describes the current practice in patent valuation and commercialization in Vietnam with a case study of remote waste treatment technology. This case study illustrates that in the current context of Vietnam, the valuation of a patent is still hard for the potential purchasers to accept, so the price should be adjusted flexibly through a pre negotiation preparation and finally in the license negotiation, rather than a valuer providing a fixed valuation. Based on this case study, recommendations will be provided to improve the legal framework for patent valuation and commercialization. |
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