Juridical Study of the Execution of Patent Objects as Fiduciary Guarantees
- 10.2991/assehr.k.200515.088How to use a DOI?
- execution, patent object and fiduciary guarantees
Problematics of the execution of patent object which are technological products as fiduciary guarantees is the impact of disorderly attitude by the community in increasing added value and competitiveness when achieving development goals. It also arises from violations against Law No. 13 of 2016  about patent, ratification of TRIPs (Trade Related Aspect of Intellectual Property Rights), attachment to the rules of World Trade Organization (WTO). The problem is whether patent object can be used as a fiduciary guarantee and how positive law regulates the power of a fiduciary guarantee certificate in the execution. The research methods use a normative juridical method, by used secondary data obtained through study literature and analysed qualitatively. The result and discussion of this research is that patent object can be used as a fiduciary guarantee and it can be executed if the debtor violate the agreement between parties, where the implementation of the execution is based on Article 29 paragraph 1 of Law No. 42 of 1999  about fiduciary guarantee. Also, the power of the fiduciary guarantee is the same as the court decision that has obtained permanent legal force if the agreement with fiduciary guarantee has been registered.
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Jeane Neltje Saly AU - Gunardi Lie AU - Mariske Myeke Tampi PY - 2020 DA - 2020/05/20 TI - Juridical Study of the Execution of Patent Objects as Fiduciary Guarantees BT - Proceedings of the Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019) PB - Atlantis Press SP - 519 EP - 527 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.200515.088 DO - 10.2991/assehr.k.200515.088 ID - Saly2020 ER -