CREDIT AGREEMENT WITH FIDUCIARY COLLATERAL IN THE FORM OF A PATENT IN THE PERSPECTIVE OF INDONESIAN LAW

Abstract

Purpose: Community needs for capital are obtained in various ways, one way is to make a debt agreement with financial institutions. This method is one way that is quite simple to obtain funds to support business activities. This debt agreement is usually carried out with a guarantee that the guarantee is a complement to provide assurance for financial institutions, in this case, the bank can obtain a loan refund in the event of an interpretation. One of the things that can be used as collateral is a patent. With the issuance of the latest law the patent is one way to obtain a loan from the bank.
 Methodology: This research study gathered theoretical data about loan granting under fiduciary security of patent.
 Main Findings: The development of the global community has caused development in security of loan application in banking internationally, one of them is security by using Patent. In Article 108 paragraph (1) of Patent Law, it is stated that right on Patent can be used as fiduciary security. The existing regulation indicates that the State supports economic development through granting of loan to Patent holders in order to develop their invention. A Patent Holder shall have an exclusive right to use the Intellectual Property Right by his/herself by using it as security.
 Implications/Applications: The findings of this study are helpful for the individuals in understanding the aspect of patents and exclusive rights held by the owner in order to secure Intellectual Property.