Jakarta (ANTARA) - Intellectual property law practitioner Ari Juliano\nGema stated that MSMEs and creative economy actors can utilise\nIntellectual Property (IP) as fiduciary guarantees to obtain business\ncapital and facilitate business development.<\/p>\n
\u201cThe digital economy makes it easier for creative economy actors to\ncommercialise their works as IP assets,\u201d he told ANTARA in Jakarta on\nTuesday.<\/p>\n
He noted that the development of the digital economy is increasing\nthe opportunities to utilise IP as an economic asset. Referring to the\nIndonesia Digital Economy Outlook 2025 prepared by CELIOS, Ari mentioned\nthat the growth of the digital economy sector is dominated by online\ntrade, contributing Rp471 trillion.<\/p>\n
Creative economy actors now have more channels to commercialise their\nworks and products. Music and films, for instance, can be distributed\nvia streaming platforms, while fashion, culinary, and craft products can\nbe marketed through various digital platforms.<\/p>\n
According to him, these developments provide opportunities for\ncreative economy actors to build and develop IP assets while\nsimultaneously increasing their economic value. With the expanding scope\nof commercialisation through the digital ecosystem, IP has the potential\nto become an asset that supports business development.<\/p>\n
Under the Creative Economy Law, IP-based financing mechanisms can be\nconducted through fiduciary guarantees on IP. Additionally, contracts\nwithin creative economy activities and receivables in creative economy\nactivities can also serve as a basis for financing.<\/p>\n
He noted that intellectual property currently commonly used as\nfiduciary guarantees includes trademarks and copyrights. Meanwhile,\npatents and industrial designs also possess the potential to be used as\nfiduciary guarantees.<\/p>\n
\u201cIP that is commonly used as fiduciary guarantees includes trademarks\nand copyrights. However, patents and industrial designs also have the\npotential to be used as fiduciary guarantees,\u201d he said.<\/p>\n
However, not all IP can automatically be used as collateral. IP used\nas a guarantee must be registered or recorded and must have been\ncommercialised so that it possesses a measurable economic value.<\/p>\n
The valuation process can be conducted by IP valuation professionals,\nnamely licensed public appraisers who possess the competence to value\nintellectual property and are registered with the Ministry of Creative\nEconomy.<\/p>\n
Banks and Non-Bank Financial Institutions (LKNB) can also establish\ninternal IP valuation panels to assess financing applications involving\nIP guarantees of certain values.<\/p>\n
The value of intellectual property can be calculated through the cost\napproach, income approach, market approach, or other approaches in\naccordance with applicable valuation standards.<\/p>\n
Ari stated that through such mechanisms, IP will no longer be viewed\nmerely as a legal protection instrument for works or innovations, but\ncan also become part of productive assets that support business\nexpansion.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/expert-fiduciary-guarantees-open-space-for-ip-based-business-development-1790092665", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }