Aspek hukum hak atas merek sebagai jaminan kredit = Legal aspect rights of trademark as credit guarantee

Meliana, Verda (2013) Aspek hukum hak atas merek sebagai jaminan kredit = Legal aspect rights of trademark as credit guarantee. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Fresh money loaning is a necessity of people in term of financially supporting their activities. Bank plays as financial institutions which provide the need mentioned by offering credit facilities. In term of offering a bank credit facility, Prudential Bank Principle is always applied. Hence, credit provision must include guarantees or collateral set for the debt repayment as the debtor defaults. Unfortunately, a collateral object for Rights of Trademark has not yet been regulated in the law. This condition eventually triggers a question on how possible of Rights of Trademark can be accepted as collateral in Indonesia is and, as well, on how guarantor institutions shape is. The research method employed on this thesis is normative method. To answer the question, the author investigated through subjecting at the function of a Trademark as distinctive sign and allowed for quality assurance for economic value purpose then regarded it as a part of company's assets. Furthermore, the Rghts of Trademark are classified as moving asset which can be moved by neither changing its form nor its function. By the existence of stipulation toward the Legal Right to Trademark which routed through agreements, the legal rights to trademark can be accepted as collateral of loans. A proper guarantees institution for legal rights of trademark is the fiduciary type institution

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