ANALISIS AKIBAT PERJNJIAN WARALABA YANG TIDAK TERDAFTAR DALAM PERPEKTIF HAK KEKAYAAN INTELEKTUAL

Abstract

Franchising is known as a concept or business pattern that contains the Franchisor as the business owner giving permission or part of his rights to the Franchisee to run a business using the business system owned by the Franchisor with certain conditions set by the Franchisor. When the parties have agreed and carried out the agreement, a problem arises in the agreement. Based on Article 3 PP Number 42 of 2007 stipulates: Franchises must meet the criteria, one of which is regarding registered IPR, as in this matter, what is analyzed is how its position is in arranging legal relations in the form of rights and obligations that have been agreed upon by business actors (the parties ) and what are the legal consequences of a franchise agreement on a brand that has not been registered in the perspective of Intellectual Property Rights and the Civil Code. The result, according to Article 3 of the Law on Trademark Rights, is an exclusive right granted by the state to owners of marks registered in the general register of marks for a certain period of time by using the mark themselves or giving permission to other parties to use it. In order for a mark to be protected by law, a mark registration must be carried out, the conditions that must be met by a mark in order to be registered are: to have differentiating power; is a sign on goods or services: does not conflict with religious morality, decency, and public order; not in the form of information or related to the goods or services requested for registration. If a trademark is not registered in Indonesia, then the mark does not receive legal protection in Indonesia. Trademarks that are not registered are considered non-existent and have not received legal protection, so a franchise agreement cannot be entered into.