Commentary

C3.1505 Intellectual property rights

Capital gains tax
Capital gains tax | Commentary

C3.1505 Intellectual property rights

Capital gains tax | Commentary

C3.1505 Intellectual property rights

Intellectual property rights (IPRs) include registered trade marks and designs, franchise rights, copyrights, and patents. HMRC state that new types of IPRs are coming into existence all the time, and because of developments in technology and the way in which intellectual property is dealt with in commercial transactions, it is an area in which their views are developing1.

Registered and unregistered trade marks

Registered trade marks are assets for capital gains tax purposes within the meaning of TCGA 1992, s 21 as the rights attached to them are a form of property. The Trade Marks Act 1994 s 24 provides that a registered trade mark can be transferred either in connection with the goodwill of a business or

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