EXECUTION OF TRADEMARK AS COLLATERAL OBJECT OF CREDIT BANK

  • Trisadini Prasastinah Usanti
  • Agung Sujatmiko

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.

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.

Published
2018-01-24
How to Cite
USANTI, Trisadini Prasastinah; SUJATMIKO, Agung. EXECUTION OF TRADEMARK AS COLLATERAL OBJECT OF CREDIT BANK. GSTF Journal of Law and Social Sciences (JLSS), [S.l.], v. 6, n. 1, jan. 2018. ISSN 2251-2861. Available at: <http://dl6.globalstf.org/index.php/jlss/article/view/1227>. Date accessed: 19 june 2018.