PERLINDUNGAN HUKUM HaKI DALAM PERJANJIAN WARALABA DI INDONESIA
Abstract: Always related to
the provision granting franchise rights to use and or use of certain
intellectual property rights, which in this case embodied in the brand, which
covers both trademarks and service marks, or indications of origin (indication
of origin) and a specific format, formula, characteristics, methods,
procedures, procedures, systems etc. that are typically associated with, and
which can not be separated from each output or product that is produced and
then sold, delivered or traded by using the trademarks, service marks or
indications of origin mentioned above, called a trade secret.
The problem is how the legal protection of intellectual property rights
for the franchisor (the Franchisor) and Franchisee (the Franchisee) in
franchise agreements in Indonesia.
Franchise agreements is one aspect of legal protection to the parties of
the actions harm others, including in providing legal protection for
intellectual property rights. This is because the agreement can be a strong
legal basis to enforce legal protections for the parties involved in the
franchise system. If either party violates the agreement, then the other party
can sue the infringing party in accordance with applicable law. Legal
protection of intellectual property rights owned by the Parties to the Franchisor
(the franchisor) will be better protected if the Franchise Agreement has been
set up specifically on IPR protection, which is a pledge of certain
restrictions that must be adhered to by the Franchisee (the franchisee), which
directly or not directly intended to protect intellectual property rights of
the Parties to the Franchisor (the franchisor). The Franchise Agreement which
provides IP protection provisions also set Franchisee shall protect trade
secrets provided by the franchisor during the term at least 2 (two) years after
the franchise period expires. Franchisee shall maintain the rights and
interests as holders of rights to the franchisor's brand. Franchisee is
prohibited to run any other business which directly competes with the
franchisor during the term of business and franchise and for a period of at
least 2 (two) years after the franchise period expires. Intellectual Property
Rights in the franchise business is also highly protected by the laws relating
to intellectual property rights, namely: Copyright Law, Trademark Law, and the
Trade Secrets Act.
Penulis: Lathifah Hanim
Kode Jurnal: jphukumdd110237
