Analysis of the Arrangement of Intellectual Property-Based Financing Schemes with Copyright Collateral for Bank Financial Institutions

Abstract

Intellectual property can be used as collateral for credit at banks through Government Regulation Number 24 of 2022 concerning Implementing Regulations of Law Number 24 of 2019 concerning the Creative Economy with fiduciary institutions. However, the assessment of intellectual property by the Appraisal Panel has not been explicitly regulated and the use of copyright as collateral is not supported by Financial Services Authority Regulation Number 40/POJK.03/2019 concerning Assessment of Commercial Bank Asset Quality. This is different from the United States which benefits from the Uniform Commercial Code (UCC). The aim of this research is to analyze the incompleteness of norms in Intellectual Property Based Financing Schemes with guarantees in the form of copyright. This type of research is normative with a statutory, conceptual and comparative approach. The research results show that copyright meets the requirements as credit collateral. Registration of copyright when pledged and commercialization are necessary to generate economic benefits. The form of copyright can be in the form of fiduciary guarantees for intellectual property and contracts in creative economic activities. The assessment panel provisions require Financial Services Authority Regulations regarding Appraisers in the field of intellectual property as well as the assessment and presentation of assessment reports in the context of intellectual property-based financing. Legal construction is carried out by including intellectual property as a deduction in the PPKA calculation in Article 45, the aim of which is to provide legal certainty for banks so that they comply with the precautionary principle.

Keywords

• Copyright
• Fiduciary Guarantee
• Bank Financial Institutions