Proceedings of the Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019)

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Juridical Study of the Execution of Patent Objects as Fiduciary Guarantees

Authors
Jeane Neltje Saly, Gunardi Lie, Mariske Myeke Tampi
Corresponding Author
Jeane Neltje Saly
Available Online 20 May 2020.
DOI
10.2991/assehr.k.200515.088How to use a DOI?
Keywords
execution, patent object and fiduciary guarantees
Abstract

Problematics of the execution of patent object which are technological products as fiduciary guarantees is the impact of disorderly attitude by the community in increasing added value and competitiveness when achieving development goals. It also arises from violations against Law No. 13 of 2016 [1] about patent, ratification of TRIPs (Trade Related Aspect of Intellectual Property Rights), attachment to the rules of World Trade Organization (WTO). The problem is whether patent object can be used as a fiduciary guarantee and how positive law regulates the power of a fiduciary guarantee certificate in the execution. The research methods use a normative juridical method, by used secondary data obtained through study literature and analysed qualitatively. The result and discussion of this research is that patent object can be used as a fiduciary guarantee and it can be executed if the debtor violate the agreement between parties, where the implementation of the execution is based on Article 29 paragraph 1 of Law No. 42 of 1999 [2] about fiduciary guarantee. Also, the power of the fiduciary guarantee is the same as the court decision that has obtained permanent legal force if the agreement with fiduciary guarantee has been registered.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
20 May 2020
ISBN
10.2991/assehr.k.200515.088
ISSN
2352-5398
DOI
10.2991/assehr.k.200515.088How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

risenwbib
TY  - CONF
AU  - Jeane Neltje Saly
AU  - Gunardi Lie
AU  - Mariske Myeke Tampi
PY  - 2020
DA  - 2020/05/20
TI  - Juridical Study of the Execution of Patent Objects as Fiduciary Guarantees
BT  - Proceedings of the Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019)
PB  - Atlantis Press
SP  - 519
EP  - 527
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200515.088
DO  - 10.2991/assehr.k.200515.088
ID  - Saly2020
ER  -