Four departments: Fully leveraging the professional role of asset evaluation in the application and protection of intellectual property rights.
On September 18, the Ministry of Finance, the General Administration of Financial Regulation, the State Intellectual Property Office, and the National Copyright Administration issued a notice regarding further regulation of issues related to the assessment of intellectual property assets.
On September 18, the Ministry of Finance, the General Administration of Financial Regulation, the National Intellectual Property Administration, and the National Copyright Administration issued a notice regarding the further standardization of issues related to the assessment of intellectual property assets. It pointed out the importance of fully leveraging the professional role of asset assessment in the application and protection of intellectual property. Reasonably determining the value of intellectual property is an important link in the transformation of intellectual property operation. In the full chain of intellectual property creation, application, protection, management, and service, the professional role and function of asset assessment should be fully utilized to promote the orderly circulation and optimal allocation of intellectual property resources.
The original text states:
Ministry of Finance, General Administration of Financial Regulation, National Intellectual Property Administration, National Copyright Administration
Notice on Further Standardizing Issues related to the Assessment of Intellectual Property Assets
Finance and Capital [2025] No. 128
Finance departments (bureaus), intellectual property bureaus, and copyright bureaus of provinces, autonomous regions, municipalities directly under the Central Government, and separately planning cities; Finance Bureau (Department), Intellectual Property Bureau, Copyright Bureau of Xinjiang Production and Construction Corps, and various financial regulatory authorities:
In order to strengthen the standardized management of intellectual property asset assessment and enhance the ability of asset assessment services to support the application and protection of intellectual property, promote the release of the value of intellectual property assets, and accelerate the construction of a strong intellectual property country, based on relevant laws and regulations, the following matters related to further standardizing the assessment of intellectual property assets are notified:
1. Give full play to the professional role of asset assessment in the application and protection of intellectual property
Reasonably determining the value of intellectual property is an important link in the operation and transformation of intellectual property. In the full chain of intellectual property creation, application, protection, management, and service, the professional role and function of asset assessment should be fully utilized to promote the orderly circulation and optimal allocation of intellectual property resources.
In the process of intellectual property operation and transformation involving asset assessment, relevant legal provisions such as the Asset Appraisal Law of the People's Republic of China, the State-Owned Assets Law of the People's Republic of China, the Promotion of Sci-tech Achievements Transformation Law of the People's Republic of China, the Company Law of the People's Republic of China, and the Regulations on the Administration of Administrative Organs' State-Owned Assets shall be followed.
For economic activities involving intellectual property assets other than statutory circumstances, if the parties believe it is necessary, they can voluntarily entrust an asset appraisal institution to conduct assessments. If there are specific regulations for asset appraisal commissioned by financial institutions, they shall be followed accordingly. For the transfer or licensing of intellectual property related to national security that require asset assessment, relevant national regulations shall apply.
2. Standardize the practice of intellectual property asset assessment
Asset appraisal institutions undertaking and conducting intellectual property asset assessment business should possess corresponding professional competence, quality control ability, and risk control ability.
(1) Asset appraisal institutions engaged in intellectual property asset assessment business shall strictly comply with relevant laws, regulations, and asset appraisal standards. In the asset appraisal process, the characteristics of intellectual property should be fully considered, and the value of intellectual property assets should be evaluated independently, objectively, and fairly, without directly using predetermined values as assessment conclusions.
(2) Asset appraisal institutions engaging in intellectual property asset assessment business should strengthen the education and training of professional ethics, professional competency, and comprehensive qualities of intellectual property asset appraisal professionals; enhance project risk control and assessment report quality review for intellectual property asset appraisal business; consider workload, project costs, reasonably determine project fees, reduce the burden on enterprises, stimulate innovation vitality of operating entities, and enhance the quality and efficiency of serving the real economy.
(3) Asset appraisal institutions engaged in intellectual property asset assessment business, in the absence of specific professional knowledge and experience, may hire experts in the field of intellectual property or related industries, such as patents, trademarks, copyrights, and integrated circuit layout design, for assistance. For utility model patents and design patents, reference may be made to patent evaluation reports and other relevant professional reports; for copyrights, reference may be made to copyright appraisal reports and other relevant professional reports.
Encourage asset appraisal institutions to actively cultivate and introduce intellectual property professionals such as patent agents, intellectual property consultants, and copyright brokers, and build a team of composite assessment talents.
(4) Asset appraisal institutions engaged in intellectual property asset assessment business may reasonably apply new technologies, tools, and methods such as big data and artificial intelligence according to actual conditions. Research in product market forecasting, evaluation of technological improvements, etc., to explore the use of modern information technology to establish intelligent assessment models and enhance the professional and intelligent levels of intellectual property asset assessment services.
(5) Asset appraisal institutions carrying out intellectual property pledge financing asset assessment business should pay attention to the dynamics, intangibility, and significant differences in asset realization ability of intellectual property assets, fully leverage the professional role of intellectual property asset assessment, provide decision-making reference for commercial banks, insurance companies, and financing guarantee companies in controlling the risks of intellectual property pledge financing, and promote exchanges and cooperation among asset appraisal institutions, intellectual property service institutions, copyright registration institutions, commercial banks, etc., to improve the quality and efficiency of intellectual property asset assessment and promote the rational utilization of intellectual property asset assessment results.
The China Asset Appraisal Association shall strengthen the self-discipline management and professional guidance of asset appraisal institutions engaged in intellectual property asset appraisal business in accordance with the law, further improve the system of intellectual property asset appraisal standards, increase the education and training of asset appraisal professionals, standardize the practice of intellectual property asset appraisal, and enhance the professional service capabilities of asset appraisal institutions in intellectual property asset appraisal.
4. Implement the responsibilities of all parties in intellectual property asset appraisal
Asset appraisal institutions, clients, financial institutions, and other related entities shall carry out intellectual property asset appraisal in accordance with laws and regulations and jointly create a good market environment for intellectual property asset appraisal.
(1) Asset appraisal institutions and their professional asset appraisers shall conduct intellectual property asset appraisal business in compliance with laws and regulations, and shall not solicit business or engage in illegal practices. If an asset appraisal institution violates laws and regulations in the process of intellectual property asset appraisal, legal liability shall be pursued in accordance with the law.
(2) Clients shall truthfully provide the ownership certificates, financial accounting information, patent evaluation reports, copyright registration inquiry certificates, and other materials required for intellectual property asset appraisal, and shall not unlawfully influence the assessment results; the users of assessment reports shall use the assessment reports according to the scope stated in laws and regulations and in the assessment report.
(3) When commercial banks, insurance companies, and other financial institutions participating in intellectual property pledge financing use the results of asset appraisal, they should pay attention to the relationship between the loan amount or guarantee amount and the assessment value, reasonably determine the pledge ratio; for technology-related intellectual property should pay attention to the rapid technological updates of the asset being pledged, reasonably determine the loan or guarantee period, and control the risks of intellectual property pledge financing.
(4) Entities related to intellectual property asset appraisal violating the provisions of this notice shall be handled in accordance with relevant national regulations.
This notice shall be implemented from the date of publication. If there are any provisions prior to the publication of this notice that are in conflict with the contents of this notice, this notice shall prevail.
Ministry of Finance General Administration of Financial Regulation National Intellectual Property Administration National Copyright Administration
September 1, 2025
This article is selected from the official website of the Ministry of Finance. Editor: Chen Wenfang.
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