15th China International Software Expo

Beijing, China
12 May 2011
Hosted By: the Ministry of Industry and Information Technology National Development and Reform Commission, Ministry of Science, State Administration of Foreign Experts Affairs, Beijing Municipal People's Government, and China Software Industry Association

NERA was invited to speak at this year's China International Software Expo, held in Beijing on 12-14 May 2011. The event attracted more than 100 attendees, including government officials from the Ministry of Industry and Information Technology and the State Intellectual Property Office, as well as representatives from universities, companies, law firms, and consultancies.

NERA Principal Sébastien Gonnet delivered a presentation entitled "IP Valuation in M&A, Transfer Pricing, and Infringement Contexts: Application to the Software and IT Industries." Mr. Gonnet began by describing circumstances in which IP valuation is critical, particularly in the course of M&A, strategic alliances/partnerships, restructuring, intra-group licensing, and infringement. He then explained that the economic framework is a more powerful framework than the other valuation methods (such as the cost approach or the market approach). Accurate valuations can indeed only be developed under the economic framework that reflects the competitive advantage to the user of the IP and the opportunity costs to the owner of the IP. Mr. Gonnet also provided his insights on recent IP cases in China and the level of damages awarded, noting that economic analysis is expected to play a major role in future IP infringement cases in China.

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