Is the immaterial value derived from factors such as the customers, efficiency, organization, credits,
prestige, experience, and the position of the enterprise or business before third parties, a good
location, quality merchandise or services, good relationships with the workers, labor stability, and
the trust achieved in the financial sector because of good management.
It is a highly valued asset since it enhances the possibility to obtain new clients, suppliers, credits and
places the enterprise in an advantageous position in relation to competitors.
The former standard points out the
following restrictions
Only acquired intangibles are valued
Goodwill is often not identified
Intangibles are undervalued
The increased value of the intangible assets is not
acknowledged
Examples of the terms of negotiations of intangible assets under the contract frameworks of the
biopharmaceutical enterprises
Biotech company / Pharmaceutical
company
Gentium (Italia) Sigma-Tau
Pharmaceuticals (Italia)
Type of agreement
(Date)
License Manufacture
Distribution and
marketing
(2010-01-12)
Compound/
Disease
Defibrotide
occlusive
arterial
disease
Nature of the agreement and
financial terms
Gentium amended a License Agreement they had with the Italian company Sigma-Tau
Pharmaceuticals. The amendment consisted of including the development and commercialization in
America (North, Central and South America) of the Defibrotide intra-venous formulation. Gentium will
maintain the exclusive rights on the product in Europe and the rest of the world. The two companies
will share the costs of development. Sigma Tau will pay Gentium: - 7 million dollars to the when
signing the license agreement - 6 million dollars when FDA approves the commercialization of the
product in the United States - 2 million dollars when Gentium transfers the approved non-disclosure
agreement (NDA) to Sigma-Tau - 7 % in royalties on net sales in America and a margin of 31 % of the
net sales in the United States or in Euros at 50 % per unit sold in that territory.
Biotech company / Pharmaceutical company
Lonza
(Switzerland)
Nature of the
agreement and
financial terms
GSK and Lonza subscribed a new agreement under which the former will support the development of
the biopharmaceutical portfolio in progress of the latter; placing the productive capacity at the
disposal of GSK for the production of five monoclonal antibodies at early stages of their development.
Lonza will initially produce the five lots for the clinical trials of the five components and will later give
access to that capacity to GSK so that they may respond to the demand of the product.
Type of
agreement
(Date)
Manufacture
(2010-09-08)
Compound/
Disease
Five monoclonal
antibodies
Biotech company / Pharmaceutical
company
Oxford
BioTherapeutics,
previously known
as Oxford Genome
Sciences (United
Kingdom)
GSK (United
Kingdom)
GSK (United
Kingdom)
Type of agreement
(Date
Research and development
Marketing and distribution
(2009-05-18)
Compound/
Disease
Unidentified
Therapeutic
antibodies
Cancer
Nature of the agreement
and financial terms
GSK and Oxford BioTherapeutics signed a strategic partnership for research, development and
marketing novel therapeutic antibodies for the treatment of primary and metastatic cancers. GSK will
develop a new therapy with antibodies, in close relationship with the new developments of Oxford. At
the same time, Oxford will develop an antibody for the therapy that GSK will develop. On carrying out
the test of concept, GSK will take over the clinical development and later the marketing of the product.
Oxford BioTherapeutics will receive 370 million dollars (272.4 million Euros) on completing the
development, registration and marketing of the product.
Examples
When Proctor and Gamble purchased Gillette in 63 billion dollars in 2005, the intangible assets were
valued in 55 billion dollars, of which 35 billion corresponded to goodwill, representing 63.6 % of the
intangible value. Hence, there was an overestimation of the intangible goodwill assets and an
underestimation of the identified intangible assets.
Walt Disney paid 7.5 billion dollars for the Pixar digital animation studio. The intangible assets, brand
and commercial names were valued in only 200 million dollars while the goodwill assets were valued in
5.6 billion dollars. This is another example of overestimation of goodwill assets and underestimation of
the identified intangible assets
In 2006, Google purchased YouTube for 1.2 billion dollars, which reached the headlines of the brand
stock exchange. Out of the entire purchase, only 200 million were attributed to the identified intangible
assets and 83.4 % to goodwill. It is known that the success of YouTube is due to the expertise of the
brand to attract subscribers, and theref