ANDYNA SUSIAWATI ACHMAD, 030810637 M (2010) IMPLIKASI PERJANJIAN LISENSI MEREK YANG DI DALAMNYA MENGANDUNG PERJANJIAN WARALABA (ANALISIS PERJANJIAN LISENSI MEREK SEPEDA). Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Contract plays an important role in business activities. Rapid development in business society raises the need for contracts that haven’t been known before. Trademark license and franchise are some of them. This kind of contract is called innominat contract or ‘unnamed’ contract. It refers to the contract which is not regulated specifically by Burgerlijk Wetboek or Wetboek van Koophandel, but exists in daily business activities. Trademark license’s and franchise’s characteristics are so similar that it is hard to distinguish one from another. Trademark license is a contract in which a party (“the licensor”) grants permission for another party (“the licensee”) to use the trademark for commercial purpose, something that otherwise would be prohibited. Franchise is a contract in which a party (“the franchisor”) grants permission for another party (“the franchisee”) to exploit the franchisor’s business system, such as the management, selling strategy, service and distribution style – those of which are the specific characteristics of the franchisor. It is a common practice that people mix trademark license and franchise into one contract entitled to one of them (trademark license or franchise). Yet, we must realize that franchise has larger scoop than trademark license. Thus, a contract that contains trademark license and franchise should not be treated like the contract’s title only (trademark license or franchise), but as a mixed contract which has characteristics of both of them.

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