LISENSI MEREK DALAM PERJANJIAN WARALABA (FRANCHISE)

Abstract

Brand licensing the franchise agreement is of great economic value in today’s era of business competition. Franchise agreement related to some aspects of them: Copyright and Related Rights; Brand; Patent; Industrial Design; and Trade Secrets. These aspects is a branch of intellectual property rights. Intellectual property rights is also closely related to the tangible and intangible objects, and protect intellectual works born of creativity, taste and human initiative.Issues related to the functions and applications in a brand licensing agreement increasingly complex franchise, although it has been stipulated in the laws and regulations of the brand franchise. Law arbitration and alternative dispute resolution has been set suppose a dispute application of brand licensing in the franchise agreement, other than through trial in district court. Therefore, the purpose of this research is to analyze the function and application of brand licensing in the franchise agreement with emphasis on normative research. Although licensing and franchising comes from a system granting the right to implement intellectual property rights (in the broad sense, including inventions, including business systems, and other unique features), but the administration and implementation in Indonesian has a practical aspect that is significantly different enough from one another.