England & Wales · CPR 35 / FPR 25

BVExperts

Intellectual Property Valuation Expert Witness UK

Intellectual property disputes require valuation of patents, trade marks, copyrights, and brands - whether as standalone assets or as components of a wider business valuation in divorce, dissolution, or commercial litigation.

The relief from royalty method is widely used: it estimates the royalty payments the owner avoids by owning rather than licensing the IP, discounted to present value. Lost profits analysis may apply where infringement caused identifiable sales losses.

Experts must distinguish personal IP (often non-transferable in matrimonial cases) from business-owned IP with realisable market value.

Common questions

How is intellectual property valued for litigation?
The relief from royalty method is most commonly used - it values IP by estimating the royalty payments the owner avoids by owning rather than licensing the IP, discounted to present value. Lost profits analysis may also be used where infringement has caused identifiable sales losses.
Is IP valuation different for divorce cases?
In financial remedy proceedings, IP owned by a business is part of the business valuation. However, IP owned personally by a spouse (e.g. copyright in creative works) may need to be valued separately. The expert must assess whether the IP has realisable market value and whether that value is personal or transferable.

Next step

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