Indonesia Conference Directory

PROBLEMS ARISING IN WELL-KNOWN TRADEMARK LICENSING AGREEMENTS IN INDONESIA Dr. Agung Sujatmiko, SH., MH. Department of Private Law - Faculty of Law – Airlangga University, Surabaya - Indonesia agung.sujatmiko@fh.unair.ac.id agung_sujatmiko@yahoo.com Keywords: agreement, license, trademark, problems. Theme :Trade and Business Presentation Preference : oral ABSTRACT Well-known trademark licensing agreements constitute a means of taking advantage of the trademark owner-s economic rights. To avoid problems that may arise in the future, the parties shall draw up and execute an agreement with full honesty and in good faith. The principle of honesty requires the parties to comply with and obey the agreement, while the principle of good faith requires the parties to execute the agreement in good faith, as the basis for executing the agreement. When these principles are not put into practice properly, it may result in some problems that cause a party to sue another party since their rights are harmed. The agreement is legally binding upon the parties in accordance with the principle of pacta sun servanda, meaning that an agreement shall apply as a law for those who draw it up. Violating the agreement means that the parties deny the agreement. They violate the law indirectly. Thus, a right formula should be sought in a licensing agreement for well-known trademarks in order to prevent the parties from suffering a loss due to a dispute. However, both the licensor as the trademark owner and the licensee have an equal position. Both have a significant role in the execution of the agreement. On that basis, a win-win solution should be sought in case of problems.This research is very useful to support licensing agreement, trade and business.