MARK REGISTRATION CERTIFICATE AS FIDUCIARY TO SUPPORT FINANCING FOR SMALL AND MEDIUM INDUSTRY
Agung Sujatmiko
Faculty of Law airlangga University
Abstract
MARK REGISTRATION CERTIFICATE AS FIDUCIARY TO SUPPORT FINANCING FOR SMALL AND MEDIUM INDUSTRY Abstract Agung Sujatmiko* Email : agung.sujatmiko@fh.unair.ac.id agung_sujatmiko@yahoo.com Legal protection for mark in Indonesia is regulated under Law no. 20 of 2016 concerning Marks and Geographical Indication. Such protection shall commence once the mark is registered, for which a mark registration certificate is issued. Mark registration certificate is legally regarded as the most definitive evidence of rights when it comes to the proprietorship of a mark. As a valuable document, mark registration certificate has the economic value to be used as collateral for debts. Mark registration certificate characteristically suits the fiduciary purpose, which requires the debtor to assign to the creditor legal proprietorship of movable and immovable assets, tangible or intangible. Registered mark rights is intangible asset and is transferable to any other party through assignment agreement. One of the acceptable agreements is fiduciary agreement. This research shall discuss several problems with mark registration certificate as fiduciary, for instance concerning appraisal of its economic value, as well as to legal seizure in the case of loan default. Apart from those above, further potential risks and dispute settlement thereof will also scrutinized in this paper. Those problems shall be analyzed using deductive approach, taking from more general concept towards more specific one. In the end, this research shall result in a legal fact that registered mark rights is suitable as fiduciary. This will be important for debtors, particularly those who are small and medium enterprises so as to increase their competitiveness in the market. *Assosiate Profesor Faculty of Law, Airlangga University
Keywords: mark rights certificate, collateral, fiduciary, small and medium enterprises
Topic: Law, Police and Forensic