Recently, the Ministry of Finance (MOF), the National Financial Regulatory Administration (NFRA), the China National Intellectual Property Administration (CNIPA), and the National Copyright Administration of China (NCAC) issued a notice on further regulating certain issues concerning the assessment of intellectual property assets. It mentions that when asset assessment institutions engaged in intellectual property asset assessment lack specific professional knowledge and experience, they may engage experts in intellectual property (such as patents, trademarks, copyrights, integrated circuit layout designs) or related industrial fields to assist. For utility model patents and design patents, relevant professional reports such as patent evaluation reports may be referenced; for copyrights, relevant professional reports such as copyright appraisal reports may be referenced.

Assessment institutions are encouraged to actively cultivate and introduce intellectual property professionals such as patent attorneys, intellectual property engineers, and copyright brokers to build a multidisciplinary assessment talent team.

Ministry of Finance, National Financial Regulatory Administration, China National Intellectual Property Administration, National Copyright Administration

Notice on Further Regulating Certain Issues Concerning the Assessment of Intellectual Property Assets

Cai Zi [2025] No. 128

To the finance departments, intellectual property offices, and copyright administrations of all provinces, autonomous regions, municipalities directly under the Central Government, and cities separately listed in the state plan; the Finance Bureau, Intellectual Property Office, and Copyright Administration of the Xinjiang Production and Construction Corps; and all local financial regulatory bureaus:

To strengthen the standardized management of intellectual property asset assessment, enhance the capability of asset assessment services in supporting the utilization and protection of intellectual property, promote the release of intellectual property asset value, and accelerate the development of a strong intellectual property nation, the following matters concerning the further regulation of intellectual property asset assessment are hereby notified in accordance with relevant laws and regulations:

I. Giving Full Play to the Professional Role of Asset Assessment in Intellectual Property Utilization and Protection

Reasonably determining the value of intellectual property is a critical环节 (link/step) in the operation and commercialization of intellectual property. Throughout the entire chain of intellectual property creation, utilization, protection, management, and service, the professional role and function of asset assessment should be fully leveraged to promote the orderly circulation and optimal allocation of intellectual property resources.

Asset assessment involved in the process of intellectual property operation and commercialization shall be conducted in accordance with relevant laws and administrative regulations such as the Asset Assessment Law of the People's Republic of China, the Enterprise State-Owned Assets Law of the People's Republic of China, the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements, the Company Law of the People's Republic of China, and the Administrative Regulations on Administrative State-Owned Assets.

Except in statutory circumstances, for other economic activities involving intellectual property assets, parties may voluntarily commission asset assessment institutions to conduct assessments if they deem it necessary. Separate regulations shall apply to assessments commissioned by financial institutions. Where asset assessment is required for the transfer or licensing of intellectual property involving national security, it shall be handled in accordance with relevant state regulations.

II. Regulating the Professional Practices of Intellectual Property Asset Assessment

Asset assessment institutions undertaking and performing intellectual property asset assessment business shall possess corresponding professional competence, quality control capabilities, and risk control capabilities.

(1) Asset assessment institutions engaged in intellectual property asset assessment business shall strictly comply with relevant laws, regulations, and asset assessment standards. During the assessment process, the characteristics of intellectual property shall be fully considered, and the value of intellectual property assets shall be assessed independently, objectively, and impartially. Pre-set values shall not be directly used as assessment conclusions.

(2) Asset assessment institutions engaged in intellectual property asset assessment business shall strengthen the education and training of intellectual property asset assessment professionals in professional ethics, competence, and comprehensive quality. They shall enhance project risk control and assessment report quality review for intellectual property asset assessment business, improve the quality of intellectual property asset assessment services, consider the workload, estimate project costs, reasonably determine project fees, reduce the burden on enterprises, stimulate the innovative vitality of business entities, and enhance the quality and efficiency of services to the real economy.

(3) When asset assessment institutions engaged in intellectual property asset assessment business lack specific professional knowledge and experience, they may engage experts in intellectual property (such as patents, trademarks, copyrights, integrated circuit layout designs) or related industrial fields to assist. For utility model patents and design patents, relevant professional reports such as patent evaluation reports may be referenced; for copyrights, relevant professional reports such as copyright appraisal reports may be referenced.

Asset assessment institutions are encouraged to actively cultivate and introduce intellectual property professionals such as patent attorneys, intellectual property engineers, and copyright brokers to build a multidisciplinary assessment talent team.

(4) Asset assessment institutions engaged in intellectual property asset assessment business may, based on actual conditions, reasonably apply new technologies, tools, and methods such as big data and artificial intelligence to conduct research on product market forecasting and assessment technology improvement, explore the establishment of intelligent assessment models using modern information technology, and enhance the professionalism and intelligence level of intellectual property asset assessment services.

(5) Asset assessment institutions conducting intellectual property pledge financing asset assessment business shall pay attention to the characteristics of intellectual property assets, such as dynamic value, intangibility, and significant differences in asset liquidity, fully leverage the professional role of intellectual property asset assessment, and provide decision-making references for financial institutions such as commercial banks and insurance companies, as well as financing guarantee companies, to control risks in intellectual property pledge financing.

III. Strengthening Supervision and Self-Regulation of Intellectual Property Asset Assessment

The MOF, NFRA, CNIPA, and NCAC shall, in accordance with their respective职责 (duties/responsibilities), guide and regulate work related to intellectual property asset assessment and establish a collaborative mechanism. They shall implement supervision and management of intellectual property asset assessment in accordance with the law, promptly collect and disclose information on intellectual property asset assessment business and related statistical data, build an open, transparent, and efficient intellectual property asset assessment business data service platform, strengthen supervision of large and abnormal intellectual property asset assessment reports, encourage financial institutions to fully utilize professional asset assessment services to enhance risk management in intellectual property pledge financing, promote exchanges and cooperation among asset assessment institutions, intellectual property service agencies, copyright registration agencies, commercial banks, etc., improve the quality and efficiency of intellectual property asset assessment, and promote the reasonable application of intellectual property asset assessment results.

The China Appraisal Society shall, in accordance with the law, strengthen self-regulation and professional guidance for asset assessment institutions engaged in intellectual property asset assessment business, further improve the intellectual property asset assessment standard system, intensify the education and training of asset assessment professionals, standardize the professional practices of intellectual property asset assessment, and enhance the professional service capabilities of asset assessment institutions in intellectual property asset assessment.

IV. Implementing Responsibilities of All Parties in Intellectual Property Asset Assessment

Relevant entities such as asset assessment institutions, clients, and financial institutions shall carry out intellectual property asset assessment in accordance with laws and regulations, jointly fostering a favorable market environment for intellectual property asset assessment.

(1) Asset assessment institutions and their professionals shall conduct intellectual property asset assessment business in accordance with the law and shall not solicit business through improper means or engage in non-compliant practices. Asset assessment institutions that violate laws and regulations during the intellectual property asset assessment process shall bear legal responsibility in accordance with the law.

(2) Clients shall truthfully provide materials required for intellectual property asset assessment business, such as proof of ownership, financial and accounting information, patent evaluation reports, and copyright registration inquiry certificates, and shall not illegally interfere with the assessment results; users of assessment reports shall use the reports in accordance with legal provisions and the scope of use stated in the reports.

(3) Financial institutions such as commercial banks and insurance companies, as well as financing guarantee companies, participating in intellectual property pledge financing, when utilizing asset assessment results, shall pay attention to the relationship between the loan amount or guarantee amount and the assessed value, and reasonably determine the pledge rate; for technology-based intellectual property, attention should be paid to characteristics such as rapid technological updates of the pledged asset, and loan or guarantee terms should be reasonably determined to control intellectual property pledge financing risks.

(4) Relevant entities involved in intellectual property asset assessment that violate the provisions of this Notice shall be dealt with according to relevant state regulations.

This Notice shall take effect from the date of issuance. If previous relevant provisions conflict with the content of this Notice after its issuance, this Notice shall prevail.

Ministry of Finance
National Financial Regulatory Administration
China National Intellectual Property Administration
National Copyright Administration
September 1, 2025