The Nature Of Trademark Rights As An Object Of Debt Collateral

Abstract

Trademark rights could be used as an object of debt security based on the provisions of the Government Regulation on the Creative Economy. However, in practice, banks had not accepted trademark rights as debt collateral, thus causing legal uncertainty for trademark owners. Purpose: This study aimed to discover the nature of trademark rights as an object of debt security; the determination of the economic value of trademark rights as an object of debt security; and the ideal concept of trademark rights as an object of debt security that provided legal certainty. Method: This study used normative legal research methods using the statute approach, conceptual approach, and comparative approach, with the technique of collecting legal materials through a literature study and analysed qualitatively. Conclusion: 1) The nature of intellectual property rights over trademarks as an object of debt security was intangible movable assets that could be used as collateral because they were transferable and had economic value.