Although in terms of regulation, the nature, and characteristics of copyrights and rights trademarks can be used as fiduciary guarantee objects in credit agreements, there is still no legal umbrella if the credit agreement is between a company or individual and a bank, thus creating legal uncertainty. This provision can be seen in POJK 40/2019, in which IPR or specifically copyrights and trademarks are not yet included as productive credit guarantee assets.5 However, in its application in 2012, Bank BNI once used trademark rights as additional/complementary collateral, not the main collateral.6

The development of IPR, especially copyrights and trademarks, in the International world as bank credit guarantees can be seen in the results of the 13th session of the United Nations Commission on International Trade Law (UNCITRAL) in 2008, which stated that IPR will be used as collateral to obtain banking credit internationally.

Ratifying Regulations

In response to the above, the government issued Law No. 24 of 2019 concerning the Creative Economyf and Government Regulation No. 24 of 2022 concerning the Creative Economy, which both regulate financing schemes by banking institutions by making IPR as a credit guarantee object.7

However, its implementation remains difficult, as there is no clear assessment of IPR assets and other supporting regulations that make IPR a collateral object for bank credit. Therefore, harmonization with the Banking Law and OJK Regulations is necessary.