Protection for Franchisee of Unregistered Trademark

Abstract

The administration of Indonesian franchises is specifically regulated through a Government Regulation and a Regulation of the Minister of Trade. Apart from being subject to the rules that specifically regulate, it must also be based on other legal provisions in the field of Intellectual Property and the Civil Code because franchising is an agreement that arises and is binding due to a franchise agreement. Problems that often arise are about the existence of intellectual property which is still in the registration process and not yet certified, but the business owner has franchised or entered into a partnership with other parties which results in legal uncertainty and guarantees the full use of intellectual property by the franchisee. So that researchers are interested in raising the title of research on Protection for Franchisee of Unregistered Trademark with the aim to find out what forms of legal protection for the franchisee. In this study, an empirical juridical research method is used with a statutory and case approach with primary and secondary data sources which are then analyzed way of the descriptive analysis. From this research, the results show that the protection of the franchisee in the event that intellectual property is unregistered there are several forms, namely the guarantee of intellectual property objects that must be included in the agreement clause, compensation for costs or capital and compensation as well as assistance, coaching and training so that the franchisee is the party who in good faith get their full rights.