Legal Standing of IPR-Based Guarantee as a Breakthrough to Support Creative Economy Entrepreneurs

DOI

10.2991/978-94-6463-352-8_9How to use a DOI?

Keywords

Guarantee; Intellectual Property Rights; Creative Economy

Abstract

The high potential of the creative economy can improve the economy of business entrepreneurs. The establishment of Government Regulation Number 4 of 2022 concerning the Creative Economy is an opportunity to create Intellectual Property Rights (IPR) as an object of guarantee. The intellectual property financing scheme for bank and non-bank institutions with IPR objects uses a fiduciary guarantee scheme. The Government Regulation concerning Creative Economy provides an opportunity for creative economy entrepreneurs to apply for credit by using IPR. IPR as a loan guarantee can be a new prospect for creative business entrepreneurs. So far, creative business entrepreneurs who are not supported by capital often experience difficulties in applying for credit from banks and financial institutions. They do not have enough assets to be used as a guarantee while receiving IPR as a guarantee has not yet been regulated. The opportunities to use IPR as a guarantee for credit can encourage and stimulate creative economic growth. The purpose of this research is to analyze the ideal regulations for the use of IPR as credit guarantees with the aim of increasing the growth of creative economy entrepreneurs. This is doctrinal research with a statutory and conceptual approach. In conclusion, Bank Indonesia and OJK have not yet regulated IPR as debt collateral, but the Government Regulation on Creative Economy explicitly regulates that IPR can be used as debt collateral because IPR is included in the category of intangible movable objects that are attached to property rights and have value. Although there are still many challenges in realizing IPR as debt collateral, its potential is quite promising, especially for business development for creative economy actors.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Zora Febriena Dwithia Hidayat Putri
AU  - Rumi Suwardiyati
AU  - Hanif Nur Widhiyanti
PY  - 2024
DA  - 2024/01/10
TI  - Legal Standing of IPR-Based Guarantee as a Breakthrough to Support Creative Economy Entrepreneurs
BT  - Proceedings of the 12th UUM International Legal Conference 2023 (UUMILC 2023)
PB  - Atlantis Press
SP  - 128
EP  - 133
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-352-8_9
DO  - 10.2991/978-94-6463-352-8_9
ID  - Putri2024
ER  -