Legal Risk on the Financing of the Security object in the form of certificate of trademark rights in sharia banks

Trisadini Prasastinah Usanti, - and Agung Sujatmiko, - (2018) Legal Risk on the Financing of the Security object in the form of certificate of trademark rights in sharia banks. Revista Publicando, 5 (18). pp. 113-124. ISSN 1390-9304

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Official URL: https://revistapublicando.org/revista/index.php/cr...

Abstract

Trademarks, which is part of Intellectual Property Rights (IPR), are classified as intangible movable object. The trademark qualifies as something that can be used as bank credit collateral . The function of assurance is a means of protection for the bank security, namely certainty of debtors debt settlement. The proper assurance for trademark is a guarantee of fiduciary. Efforts made by the banks to minimize credit risk, by doing a thorough credit analysis using the principle of 5 C, which includes the analysis of character, capital, capacity, collateral and economic conditions. Trademarks as intangible objects in banking practice is very rare to use as credit collateral objects. This is because the assessment of the trademark as a guarantee requires specific skills in the assessment of IPR as collateral, unlike when the collateral object is land rights or motor vehicle which is relatively easier to assess. In addition to preventive measures undertaken by the bank, there are repressive efforts undertaken by the bank in case of failure of credit, especially for the execution of trademarks as repayment of bank loan

Item Type: Article
Uncontrolled Keywords: Execution, Collateral, Trademarks
Subjects: K Law
K Law > K Law (General)
Divisions: 03. Fakultas Hukum > Hukum Perdata
Creators:
CreatorsNIM
Trisadini Prasastinah Usanti, -NIDN0026026701
Agung Sujatmiko, -NIDN0028026302
Depositing User: Khusnul Latifah
Date Deposited: 24 Aug 2022 05:09
Last Modified: 24 Aug 2022 08:58
URI: http://repository.unair.ac.id/id/eprint/117747
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