Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 21 No. 1 (2022): Pena Justisia

The Construction of Economic Value from Intellectual Property Rights As Debt Guarantee : An Overview of Gustav Radbruch's Triadism

Kawengian, Lavly Mozart (Unknown)
Kurniawan, I Gede Agus (Unknown)



Article Info

Publish Date
10 Jul 2023

Abstract

Regulations regarding intellectual property rights to be used as collateral for debts were initially partially regulated in regulations regarding patents and copyrights. In further developments, there are provisions confirming that all intellectual property rights can be collateral for debt, of course, with certain conditions. This study aims to answer two legal issues, namely: the construction of the economic value of intellectual property rights as collateral for debt and a review of Gustav Radbruch's triadism related to intellectual property rights as collateral for debt. The novelty of this research is the review of Gustav Radbruch's triadism which constructs the economic value of intellectual property rights to be used as collateral for debt. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the construction of the economic value of intellectual property rights as collateral for debt must be specifically regulated along with institutions that have the capacity to assess whether an economic value of intellectual property rights qualitatively or quantitatively can be used as collateral for debt. According to Gustav Radbruch, provisions regarding intellectual property rights that can be used as collateral for debt actually fulfill the value of certainty, benefit and justice. However, these provisions still require improvement to optimize economic value so that it can be estimated with certainty before intellectual property rights can be used as collateral for debt.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...