Prinsip Hukum Kontrak dalam Lisensi Merek  

Oleh:

Sujatmiko, Agung

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Mimbar Hukum vol. 20 no. 2 (Jun. 2008), page 251-265.
Topik: hak merek; hak khusus; lisensi; kontrak
Fulltext: 235-304_her.pdf (97.23KB)

Isi artikel

Trademark rights is an exclusive right. This exclusive right covers two things that are right to use the trademark and right to give license to other people to use trademark. There fore, one method to use other peoples trademark securely and legally is by concluding a license agreement. A license agreement is a contract which is concluded by licensor and licensee, followed by the payment of royalty, which has to be paid by licensee to the licensor. The licensee agreement regulates rights and duties of the parties. This agreement has to be registered to the Directorat General Intellectual Property Rights (DG IPR) Department of Law and Human Rights. If it is not registered, this agreement has no legal effects. As a contract, this agreement has to based on contract principles, such as : freedom of contract; consensualism; pacta sunt servanda; equity; pro? t of contract and good faith.

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