2016.ANA METIN ingilizce.01

expert group on intellectual property valuation, who, in their final

report, explained the reasons for complexity being the fact that no two

intellectual property assets are the same

. According to the said report,

“the uniqueness of intellectual property makes comparisons with other

intellectual property difficult, thereby limiting the usefulness of com-

parison based pricing. As a result, valuations are often based on

assumptions about the intellectual property asset’s future use, what

important milestones will be met and what management decisions will

be taken.” Accordingly, the valuation of intellectual property rights

must be made by its related experts and be specific to each case.

Registration

Another step to be taken for contribution of capital in kind is the

annotation of the same with the relevant registry, if any. More specifi-

cally, the TCC requires that the subject intellectual property right con-

tributed as capital in kind is annotated within the record of such right

with the value determined by the expert. With respect to this procedure,

Article 4/6 of the Communiqué on the Cooperation between Registries

for Structure Changes in Companies and Contribution of Capital in

Kind

provides that upon a transfer or restriction of the assets and

rights that have been contributed as capital in kind to or by third par-

ties until their registration, despite their annotation with the relevant

registry as capital in kind, the relevant registry shall inform the trade

registry, and the trade registry shall reject the request for the registra-

tion of the capital, due to such transfer or restriction.

After the registration of the company and/or the capital, the rele-

vant trade registry is

ex officio

required to inform the registry of the

subject intellectual property right immediately to provide its registra-

332

NEWSLETTER 2015

European Commission Final Report from the Expert Group on Intellectual Property Valuation

dated 29 November 2013, p. 5,

Group_Report_on_Intellectual_Property_Valuation_IP_web_2.pdf (accessed on 19 October

2015).

This report reviews intellectual property valuation approaches, methods and standards and

includes recommendations for possible policy actions.

Communiqué on the Cooperation between Registries for Structure Changes in Companies and

Contribution of Capital in Kind was published in the Official Gazette dated October 31, 2012

and numbered 28453, and entered into force on the same date.