Characteristics of Material Properties

According to J. Satrio, normatively a brand can be said to be an intangible movable object because the brand itself has characteristics of material properties, namely:2

  1. Having a direct relationship with certain objects controlled by the debtor
  2. The nature of the object can be maintained its rights or transferred to a certain party
  3. Having properties droit de suite;
  4. Transferable or assignable to a specific party or other person
  5. Hamzah and Senjun Manulang define fiduciary guarantee as follows: A transfer of ownership from the owner based on a principal agreement of accounts payable to the creditor, but the rights transferred are not actually but juridically delivered, only owned by the creditor but the object remains controlled by the debtor.3

Trademark Rights have material properties

Trademarks in property law based on article 499 BW jo. Article 50 Bw includes objects attached to it the right to enjoy and the right to transfer, and based on the nature of property and the transfer of trademark rights that already exists in Article 41 of Law Number 20 of 2016, the right to a trademark is included in the category of intangible movable objects.4 Therefore, because trademarks are included in intangible objects, the appropriate guarantee for trademark rights is a fiduciary guarantee based on Article 1 paragraph 4, Article 9, Article 10, and Article 20 of Law Number 42 of 1999 concerning fiduciary guarantees, because trademark rights have material properties and have economic value and are categorized as intangible objects.5

The use of trademark rights as credit collateral has been used in various countries, one of which is the United States, which has added a new guarantee in the form of intangible assets (intangible) which is regulated in the revised article 9 Uniform Commercial Code in 1998.6 Various other countries have also made other intellectual property rights as collateral objects in credit, namely in Denmark, where intellectual property rights owners can access information regarding the valuation of IPR values and get an overview of the prices of patents and copyrights on the market, however, the use of intellectual property rights must be registered and valued first by a registered and certified appraisal institution in order to be used as collateral.7