Agung Sujatmiko, - (2010) Keterkaitan Perjanjian Lisensi Merek dengan Perjanjian Waralaba dan Distribusi. Jurnal HUKUM & PEMBANGUNAN, 40 (4). pp. 537-557. ISSN 0215-9687

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Abstract

The exclusive rights of trademark, consisting of the right to use and to license to other people to use the trademark, must be protected. The licensing of trademark is one way to protect the rights. The trademark licensing exists as the result of an contractual agreement between a licensor and a licensee. The agreement consists of, for instance, the duration; the rights and obligation of the parties; and dispute resolution. The agreement must be registered to the trademarks office as well as the trademark. The agreement is based on contract law which parties can stablish their right and obligation. The party must obey the contract regarding with the duration, payment of royalty, termination of contract and so on. The utility of agreement is not only to give benefit to the owner of the marks as licensor, but also to the licensee and state. The license agreement is related to a franchising and distributions hip agreement. All of the agreement give an exclusive right.

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