Cindy Fransisca Subagijo, - and Ghansham Anand, - (2022) Aspek Perjanjian Lisensi Merek pada Nota Kesepakatan Kerjasama Xie Xie Boba Indonesia. Notaire, 5 (1). pp. 63-82. ISSN 2721-8376

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Abstract

Many bubble tea shops like XIE XIE BOBA are developing their business using brand licensing. In branding licenses, the parties often make agreements only based on the principle of freedom of contract. They do not heed the minimum requirement provisions in the trademark license agreement, which is frequently happening that the trademark license agreement is not recorded and does not meet the minimum clauses. The purpose of this research is to analyze the characteristics of a trademark license agreement and analyze the legal consequences of a trademark license agreement that does not meet the minimum requirements. This research is legal research that solves legal issues by identifying legal problems, conducting legal reasoning, analyzing it, and providing solutions to the problem. The approach used in this research is the statute approach and the conceptual approach. The study found that despite trademark license agreement made based on the principle of freedom of contract, paying attention to the characteristics of the trademark license agreement and the minimum provisions stipulated in Law Number 20 of 2016 about Trademarks and Geographical Indications and Government Regulation Number 36 of 2018 concerning Registration of License Agreements. The legal consequence of the trademark license agreement that does not meet the minimum requirements is that there are no legal consequences for the third party. Although, trademark license agreement is still valid and only applies to the licensor and licensee.

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