Legal Risk on the Financing of the Security object in the form of certificate of trademark rights in sharia banks
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...
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| Main Authors: | , |
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| Format: | Article PeerReviewed |
| Language: | English English English |
| Published: |
Revista Publicando
2018
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| Subjects: | |
| Online Access: | https://repository.unair.ac.id/117747/1/7%20M.pdf https://repository.unair.ac.id/117747/2/7%20R.pdf https://repository.unair.ac.id/117747/3/7%20T.pdf https://repository.unair.ac.id/117747/ https://revistapublicando.org/revista/index.php/crv/issue/view/31 |
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| Institution: | Universitas Airlangga |
| Language: | English English English |
| Summary: | 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 |
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