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All Journal Jurnal Jatiswara JIPRO : Journal Of Intellectual Property
Gultom, Alif Muhammad
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Law, Crime, Criminology & Criminal Justice

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Intellectual Property as Collateral: The Future of Indonesian Intellectual Property Legal Policy in Commercial Transactions Heriyanto, Dodik Setiawan Nur; Gultom, Alif Muhammad
JATISWARA Vol. 39 No. 2 (2024): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v39i2.730

Abstract

The economic value of Intellectual Property Rights (IPR) is universally recognized and can be utilized as a form of collateral to secure bank loans. The validity of this assertion has been established within the international framework and demonstrated through the established practices of various nations, including the United States and the United Kingdom, which have been analyzed in this research. In response to the remarkable expansion of creative actors, Indonesia implemented Government Regulation No. 24 of 2022 concerning the Creative Economy, which permits the use of intellectual property as collateral for debt to tackle financing obstacles. This research aims to closely examine how intellectual property (IP) is used as a guarantee for loans in Indonesia and other selected jurisdictions. It will investigate the problems and risks tied to this type of lending and discuss possible ways for the government to address these issues. This study discovered that while Indonesian law allows the use of IP as collateral, its actual application is limited due to a lack of understanding among both the general public and business sector regarding the comprehensive policies and procedures. Additionally, this study also proposes potential solutions for the future of IP in commercial transactions as mortgages.
URGENSI PENGATURAN TRADE DRESS DALAM PERLINDUNGAN MEREK TERKENAL SERTA IMPLIKASINYA TERHADAP PERSAINGAN USAHA Al Qawiy, Ifin Rizky; Gultom, Alif Muhammad
JIPRO: Journal of Intellectual Property JIPRO, Vol. 7, No.2, 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/jipro.vol7.iss2.art4

Abstract

The rise of trade dress imitation cases involving well-known trademarks in Indonesia reveals a regulatory gap that potentially harms legitimate businesses and misleads consumers. This article explores the urgency of regulating trade dress within the framework of intellectual property protection, particularly for well-known trademarks that are frequently targeted by visual imitation. Using a normative approach and analyzing Supreme Court Decision No. 402 K/Pdt.Sus/2011, this research highlights the shortcomings of Indonesia’s legal instruments in providing comprehensive protection for non-verbal visual identities, which play a vital role in brand differentiation and reputation. The study also compares Indonesia’s approach with international standards and identifies the need for regulatory harmonization to close legal loopholes exploited for unfair competition. The findings recommend that the concept of trade dress should be explicitly recognized and regulated in Indonesian law to strengthen legal certainty, protect consumers, and uphold fair business competition.
Co-Authors Al Qawiy, Ifin Rizky Dodik Setiawan Nur Heriyanto