Hak Paten Sebagai Objek Jamina Fidusia Dakam Persfektif Undang Undang

Sitorus, Wahyu Marcelino (2025) Hak Paten Sebagai Objek Jamina Fidusia Dakam Persfektif Undang Undang. S1 thesis, UNIVERSITAS JAMBI.

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	Text KEMENTRIAN RISET TEKNOLOGI[1] ACC FIX.pdf Download (55kB)
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Abstract

The objectives of this study are: 1) to determine how to assess the economic value of a patent as collateral for a fiduciary guarantee; 2) to determine how to enforce a patent if the debtor defaults on the agreement. This study is a normative legal study. The research approaches used are the legal approach, the historical approach, and the conceptual approach. The results of this study are: 1) The valuation of a patent right as collateral for a fiduciary guarantee. Generally, there are three methods for determining the economic value of a patent right: the cost approach, the gross income approach, and the income approach. However, these valuation methods are insufficient for determining the economic value of a patent right as collateral for a fiduciary guarantee. Therefore, Indonesia must establish clear regulations for determining the economic value of such collateral. In Indonesia, ideally, the Intellectual Property Rights Asset Valuation Agency should be established by relevant state institutions, such as the Bank of Indonesia (BI), the Financial Services Authority (OJK), the Ministry of Finance, the Creative Economy Agency (Bekraf), the Directorate General of Intellectual Property (DJKI), as well as research institutions and universities. This establishment may also involve support from the private sector, particularly business associations that understand the dynamics of intellectual property in the industrial world. 2) Mechanisms for enforcing patent rights as collateral in fiduciary agreements. In Indonesia, the enforcement of patent rights is not clearly regulated in fiduciary agreements. Theoretically, patent rights can be used as collateral for debt repayment, but in practice, it is very difficult to implement this without further regulations governing the matter. What is needed is the establishment of new laws regarding the use of patent rights as collateral for debt repayment, so that financing institutions, both banks and non-banks, can provide loans to patent holders as debtors who pledge their patent rights. Without fear that the debtor may default at any time.

Type:	Thesis (S1)
Uncontrolled Keywords:	Breach of contract, Economic Valuation, Patent Rights
Subjects:	K Law > KZ Law of Nations
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	Sitorus
Date Deposited:	14 Jul 2025 07:39
Last Modified:	14 Jul 2025 07:39
URI:	https://repository.unja.ac.id/id/eprint/84050

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