4science: Credits against intellectual property — for SMEs and not only



Part 1: how mechanism works in Russia, what should a bank do as security for a loan, who can obtain a credit and who may be subsidized.

Part 2: what is an independent guarantee, how to receive a subsidy for loan interest charges, how to estimate intellectual property rights.

Evaluation of intellectual property for mortgage.

Who and how determines the value of intellectual property, which is used as a collateral loan?

“Today, Russian banks trust the evaluation report compiled by a company with which the bank already has a positive experience of cooperation,” commented Grigory Ivliev, Head of Rospatent. “For example, when implementing a pilot project on lending IP rights with Sberbank, the latter recommended contacting the company from the list of appraisal organizations certified by it.”

Therefore, assessment of patent rights is the main difficulty by obtaining a secured loan against intellectual property.

“The mechanism for assessing IP rights and subsequent collateral lending is quite working, however, it needs to be developed both in terms of quality of assessment and in terms of the number of organizations involved in this procedure.

When assessing IP, especially rights to inventions, the participation of professionals from various fields - experts, scientists, researchers, industry marketers, is often required. That`s why it seems appropriate to create a system of accredited organizations specialized specifically in the issue of assessing IP rights. Of course, activity of such companies should be understandable and transparent and based on existing international and federal assessment standards.

Today, in fact, any bank can issue loans secured by IP rights. There are no restrictions in the regulatory acts of the Bank of Russia in this regard. However, for banks, obtaining a secured loan against inventions is a complex issue. It is associated with the subjectivity of the subject of assessment, also in connection with uniqueness of the technical solution, as well as with the risks of selling collateral in the event of default by the borrower. Who will be the buyer of the pledged IP rights?

Consequently, when assessing IP rights, both the technological and industrial applicability of the results of intellectual activity and their commercial prospects within the framework of the SME business should be evaluated with the provision of a final assessment of the cost of patent rights. A working group has been created in Rospatent today, which is just preparing guidelines for assessing IP rights for their subsequent pledge. There is a draft document, we are studying and analyzing foreign practice, discussing and updating it.”



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