Legal Literacy - This article discusses intellectual property rights in the form of trademark rights that can be used as collateral. Let's look at the explanation below.

Intellectual Property

Intellectual Property itself is a right arising from thought processes that produce a product or process that is useful for humans, in this case intellectual property is the right to economically enjoy intellectual creativity.1 The brand itself is also a popular intellectual property in society because the brand is also the spearhead when a business or business is engaged in by the community.

The definition of a brand itself has been regulated in the Article Article 1 number 1 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications (hereinafter referred to as the Trademark Law), namely a sign displayed in graphic form in the form of images, logos, names, words, letters, numbers, arrangement of colors, in two-dimensional or three-dimensional form, sound, holograms, or a combination of two or more of these elements to distinguish goods.

Legal protection for Brands in Indonesia arises when the brand has been registered with the Directorate General of Intellectual Property, because legal protection for brands in Indonesia adheres to the system first to file or constitutive, and these provisions have been regulated in Article 3 of the Trademark Law.

Utilization of intellectual property rights such as copyright and patents as collateral objects have clearly been explicitly regulated in Article 16 paragraph 3 of Law Number 28 of 2014 concerning Copyright Jo. Article 108 of Law Number 13 of 2016 concerning Patents, but in the Trademark Law there is no explicit regulation regarding brands that can be used as fiduciary collateral.