Open AccessKETERKAITAN PERJANJIAN LISENSI MERK DENGAN PERJANJIAN WARALABA DAN DISTRIBUSI
Author(s) -
Agung Sujatmiko
Publication year - 2010
Publication title -
jurnal hukum and pembangunan/hukum dan pembangunan
Language(s) - English
Resource type - Journals
eISSN - 2503-1465
pISSN - 0125-9687
DOI - 10.21143/jhp.vol40.no4.230
Subject(s) - licensee , trademark , license , business , payment , law , exclusive right , intellectual property , political science , finance
AbstrakThe exclusive rights of trademark, consisting of the right to use and tolicense to other people to use the trademark, must be protected. The licensingof trademark is one way to protect the rights. The trademark licensing existsas the result of an contractual agreement between a licensor and a licensee.The agreement consists of, for instance, the duration; the rights andobligation of the parties; and dispute resolution. The agreement must beregistered to the trademarks office as well as the trademark. The agreementis based on contract law which parties can stablish their right andobligation. The party must obey the contract regarding with the duration,payment of royalty, termination of contract and so on. The utility ofagreement is not only to give benefit to the owner of the marks as licensor,but also to the licensee and state. The license agreement is related to afranchising and distributions hip agreement. All of the agreement give anexclusive right.