Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-4 | Issue-09 | 601-606
Original Research Article
Juridical Study of the Execution of Patent Objects as Fiduciary Guarantee
Jeane Neltje Saly, Gunardi Lie, Mariske Myeke Tampi, Yuniar Rahmatiar, Suryono Sanjaya, Adriel Michael Tirayo
Published : Sept. 30, 2019
Abstract
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 analyzed 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.