Promoting intellectual property securitization for financing creative industry in Indonesia : challenges and solutions

• Main Author: Mas Rahmah
• Format: Article PeerReviewed
• Language: English; Indonesian; English
• Published: CSIR-NISCAIR 2017
• Subjects: K Law; K1401-1578 Intellectual property
• Online Access: http://repository.unair.ac.id/99062/1/17%20ok%20promoting-intellectual-property-securitization.pdf; http://repository.unair.ac.id/99062/2/17%20GP%20Kadep.pdf; http://repository.unair.ac.id/99062/7/Promoting%20intellectual%20property%20securitization%20for%20financing%20creative%20industry%20in%20Indonesia_%20challenges%20and%20solutions%20%281%29.pdf; http://repository.unair.ac.id/99062/; https://www.monash.edu/__data/assets/pdf_file/0006/1682241/promoting-intellectual-property-securitization.pdf
• Institution: Universitas Airlangga

This paper aims at promoting prospective Intellectual Property (IP) securitization as a feasible mode of financing creative industries demanding instant capital to operate, develop products and promote market expansion. The proposed approach is dedicated to accelerate new financial sources of support to strengthen and develop creativity and productivity in the creative industries. The current paper introduces a new legal institution which is not regulated yet under Indonesia’s positive laws. It shows how creative companies might use the institution to gain direct and indirect benefits. It is acknowledged that this proposal may spark challenges at the doctrinal, normative and practical levels. At the doctrinal level, the potential for challenge refers to the philosophical issue related to exclusive rights doctrine. At the normative level, the challenges are caused by the absence of regulation concerning IP securitization in Indonesia influencing the validity and viability of IP securitization transactions. At the practical level, this proposal may not guarantee the certainty of IP valuation as a unique asset involving complex procedures, interdisciplinary laws, profesionals and so forth. In order to overcome the doctrinal challenge, this paper offers relevant principles which may function to balance the acceleration of IP securitization as a new financing mechanism for creativity and prevent unrestricted exploitation of IP exclusive rights. For addressing any normative and practical challenges, this work promotes the need for government involvement in developing and promoting IP securitization by providing economic and legal frameworks, started by enactment of IP securitization regulation and the establishment of infrastructures for IP securitization