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Original Research

PROFESSIONAL VALUATOR ON INTELLECTUAL PROPERTY (IP) ASSET AS BANK COLLATERAL: CHALLENGE FOR INTELLECTUAL PROPERTY (IP) ATTORNEYS IN INDONESIA

Dr. SUYUD MARGONO

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10934690   |   Author Affiliation: Indonesian Intellectual Property Attorneys Association.   |   Licensing: CC 4.0   |   Pg no: 957-978   |   Published on: 29-03-2024

Abstract

Basically there is regulation for Intellectual Property (IP) Attorney's only as professional expert in the field of intellectual property, involved of IP prosecution including registration and/ or recordation before IP Office in the future. Opportunity in the industry going forward, including problems concerning role of the IP Attorneys in valuation of IP Asset Portfolios as Collateral which has implications for aspects of Intellectual Property Rights several regulation concerning particularly in Copyrights and Patent. In the other hand IP owners often deal with complex contractual relationships that involve the parties in different forms of cooperation in research and development, production or commercialization on IP. This includes cases in relation with IP assets that are exposed and exploited across national borders, including rights to commerce (IP commercialization) their product (goods or services) on the basis of Intellectual property on their exclusivity in financing and loan contractual scheme as collateral. Therefore, how is the role and challenge for IP Attorneys conducting as professional Valuator of IP Asset as Bank Collateral. This studies method is normative legal which intended for literary and practical works in relation with professional works in valuation IP Asset as Collateral. The result of this studies that important aspect regarding professional competency with comprehensive knowledge on intellectual Property law either national an international and deal with IP Asset as Collateral before Banks, and others financial institutions, in another words in valuating IP Asset that is requires competency to appraise by Intellectual Property (IP) Valuator not only Appraisal in general background, specifically must have Intellectual Property (IP) knowledge either theoretical and practical in the field of IP protection and prosecution, in the frame committed to the development of IP in the future.


Keywords

Intellectual Property Attorneys, Valuation Intellectual Property, Asset Collateral.