Mitigations risk of trademark as credit bank guarantee
| Autor | Trisadini Usanti |
| Cargo | Airlangga University Indonesia |
| Páginas | 363-375 |
Anuario Jurídico y Económico Escurialense, LIV (2021) 363-376 / ISSN: 1133-3677
Mitigations risk of trademark
as credit bank guarantee
Trisadini PRASASTINAH USANTI
Faculty of Law, University of Airlangga
trisadiniprasastina@gmail.com
UDC: 347.7 // JEL: H 12; G 28; K 10
Abstract: The Efforts to minimize legal risk over brand certificate guarantees
in banking practices by conducting a professional analysis of brands. The main
thing that is done by the bank is to identify whether the rights to the mark
meet the legal and economic requirements as a guarantee and the important is
imposition of perfect pawn collateral institutions or fiduciaries then it cause the
property rights is born and bank domiciled as a preferred creditor. The analysis
on guarantee is the bank effort to ward off legal risk such as weakness of the
alliance until not fulfilled the contract ual terms or not perfect of collateral
binding even the cancellation of the brand certificate. If this is not mitigated,
it will be detrimental to the position of the bank as a creditor because the
bank is only located as a concurrent creditor.
Keywords: Trademark guarantee, Guarantee, Bank, Credit Bank.
Sumario:
I. Introduction.
II. Methodology.
III. Risk on the trademark rights as guarantee object.
IV. Mitigation Risk by Bank.
V. Conclusion.
VI. References.
Recibido: septiembre 2020.
Aceptado: noviembre 2020.
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