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| Lagu Hingga Buku jadi Jaminan Pinjaman Bank, OJK: Asal Objek Jaminan Fidusia |
OJK asks financial institutions that receive intellectual property rights as loan guarantees to ensure that the collateral can be tied up as fiduciary guarantees.
The Financial Services Authority (OJK) has mapped out a number of challenges that could potentially arise in the implementation related to intellectual property rights (IPR) as bank credit guarantees. The Ministry of Trade noted that IPR includes patents, brands, industrial designs, integrated circuit layout designs, trade secrets to plant varieties.
The Chief Executive of OJK Banking Supervision Dian Ediana Rae said that the ecosystem and commercialization of IPRs have considerable potential, so that they can contribute greatly to the national economy.
Nevertheless, Dian understands that there are a number of challenges that must be faced by creative actors, starting from the fluctuations in the value of IPR which depends on market sentiment, marketing performance, trends in people's tastes, time value and the economic age of IPR products.
He also stated that various challenges would be faced by banks or finance companies in making intellectual property the object of debt guarantees.
For example, the required form of engagement has not been clearly regulated. The types of IPR that have a clear legal basis for engagement are currently only copyrights and patents, namely fiduciary binding, while other types of IPR have not yet regulated the legal basis of the engagement.
In addition, a guide to the assessment of economic value is needed which still needs to be studied and regulated by various parties who are experts in the IPR field.
"Considering that currently there is no standard formula for evaluating IPR that can be used as the basis for assessing guarantees by banks," said Dian, Thursday (1/9/2022).
Another challenge is that an agency that assesses the economic value attached to IPR needs to be established because currently there is no institution that specifically assesses IPR as a bank reference. Meanwhile, the determination of the procedure for the execution of IPR as collateral also still needs to be studied.
However, despite various challenges, Dian said the current OJK regulations do not in principle prohibit IPR as collateral for credit or financing. However, he thinks there are a number of things that need attention.
One of them is related to the assessment of the value of IPR by both independent appraisers and internal bank appraisers. In addition, banks must also ensure that intellectual property can be used as an object of fiduciary guarantee.
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