Intellectual Property Rights Guarantee: Roles and Challenges for Notaries

Exclusive rights in intellectual property as intangible movable objects can be used as objects of fiduciary collateral based on statutory regulations, although positive law has regulated that IPR can be used as collateral, in practice it is still not widely implemented, because of the incomplete legal certainty regarding the assessment mechanism, limited time period for IPR apprentices, as well as further regulations regarding the execution of guarantees in the event of breach of contract or default. The role of a notary is very important as a general official who makes fiduciary guarantee deeds, of course it is a challenge for notaries to be able to understand the implementation of fiduciary guarantees in the form of IPR. This writing aims to find out more about the systematics of fiduciary guarantee deeds with IPR objects, as well as the role and challenges of notaries as makers of fiduciary guarantee deeds with IPR objects. The method used is doctrinal or normative research, with an approach to positive legal regulations. This research is explanatory, which aims to test theories and hypotheses related to the application of IPR as fiduciary collateral

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-12-28
DOI
https://doi.org/10.38035/jlph.v5i2.1043
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
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article

Intellectual Property Rights Guarantee: Roles and Challenges for Notaries

Niken Eka Marthasari
Journal of Law Politic and Humanities
Corporate Insolvency and Governance
article

Intellectual Property Rights Guarantee: Roles and Challenges for Notaries

Niken Eka Marthasari
article en

Abstract

Exclusive rights in intellectual property as intangible movable objects can be used as objects of fiduciary collateral based on statutory regulations, although positive law has regulated that IPR can be used as collateral, in practice it is still not widely implemented, because of the incomplete legal certainty regarding the assessment mechanism, limited time period for IPR apprentices, as well as further regulations regarding the execution of guarantees in the event of breach of contract or default. The role of a notary is very important as a general official who makes fiduciary guarantee deeds, of course it is a challenge for notaries to be able to understand the implementation of fiduciary guarantees in the form of IPR. This writing aims to find out more about the systematics of fiduciary guarantee deeds with IPR objects, as well as the role and challenges of notaries as makers of fiduciary guarantee deeds with IPR objects. The method used is doctrinal or normative research, with an approach to positive legal regulations. This research is explanatory, which aims to test theories and hypotheses related to the application of IPR as fiduciary collateral

Journal of Law Politic and HumanitiesVol. 5(2)
University of Indonesia (ID)
Openalex Percentile: Top 57%
Corporate Insolvency and Governance
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