ARCHIVES
VOL. 7, ISSUE 4 (2021)
Rights to trademarks as collateral for fiduciary property rights
Authors
Adhitya Dhairya Dhurandhara
Abstract
Currently, business in Indonesia is growing very fast. Business actors are increasing, and there are more and more facilitators who offer various facilities that support the progress of the business. One of them is by providing credit facilities, and this credit facility is undoubtedly critical along with the increase in development activities. The need for funding also increases; most of the funds needed to meet these needs are obtained through lending and borrowing activities that require collateral. The purpose of this article is to analyze the implementation of brand rights as fiduciary property guarantees. The method used in this study is to use a qualitative with a normative juridical approach. This article concludes that the law regarding contracts in Indonesia is regulated in Book II of the Civil Code. According to Article 1131 of the Civil Code, what is meant by collateral is covering all existing and new debtor assets in the future, so that without having to be expressly agreed, these objects have become collateral for all debtors' debts. Collateral is significant in terms of repayment of debtor achievements to creditors. Then a question arises whether trademark rights can be used as collateral in a business agreement. The existence of a brand element in the protection of Intellectual Property Rights indicates that a brand is a creation of human intellectual products that have economic value for the holder of the brand. The brand also gives birth to the rights to the brand. The existence of a brand element in the protection of Intellectual Property Rights indicates that a brand is a creation of human intellectual products that have economic value for the holder of the brand. Marks also give birth to the right to a pattern wherein the law the Right to Mark is an exclusive right granted by the state to the owner of a registered mark for a certain period by using the Mark himself or giving permission to other parties to use it.
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Pages:80-86
How to cite this article:
Adhitya Dhairya Dhurandhara "Rights to trademarks as collateral for fiduciary property rights ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 80-86
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