Expert: Fiduciary Guarantees Open Space for IP-Based Business Development
Jakarta (ANTARA) - Intellectual property law practitioner Ari Juliano Gema stated that MSMEs and creative economy actors can utilise Intellectual Property (IP) as fiduciary guarantees to obtain business capital and facilitate business development.
“The digital economy makes it easier for creative economy actors to commercialise their works as IP assets,” he told ANTARA in Jakarta on Tuesday.
He noted that the development of the digital economy is increasing the opportunities to utilise IP as an economic asset. Referring to the Indonesia Digital Economy Outlook 2025 prepared by CELIOS, Ari mentioned that the growth of the digital economy sector is dominated by online trade, contributing Rp471 trillion.
Creative economy actors now have more channels to commercialise their works and products. Music and films, for instance, can be distributed via streaming platforms, while fashion, culinary, and craft products can be marketed through various digital platforms.
According to him, these developments provide opportunities for creative economy actors to build and develop IP assets while simultaneously increasing their economic value. With the expanding scope of commercialisation through the digital ecosystem, IP has the potential to become an asset that supports business development.
Under the Creative Economy Law, IP-based financing mechanisms can be conducted through fiduciary guarantees on IP. Additionally, contracts within creative economy activities and receivables in creative economy activities can also serve as a basis for financing.
He noted that intellectual property currently commonly used as fiduciary guarantees includes trademarks and copyrights. Meanwhile, patents and industrial designs also possess the potential to be used as fiduciary guarantees.
“IP that is commonly used as fiduciary guarantees includes trademarks and copyrights. However, patents and industrial designs also have the potential to be used as fiduciary guarantees,” he said.
However, not all IP can automatically be used as collateral. IP used as a guarantee must be registered or recorded and must have been commercialised so that it possesses a measurable economic value.
The valuation process can be conducted by IP valuation professionals, namely licensed public appraisers who possess the competence to value intellectual property and are registered with the Ministry of Creative Economy.
Banks and Non-Bank Financial Institutions (LKNB) can also establish internal IP valuation panels to assess financing applications involving IP guarantees of certain values.
The value of intellectual property can be calculated through the cost approach, income approach, market approach, or other approaches in accordance with applicable valuation standards.
Ari stated that through such mechanisms, IP will no longer be viewed merely as a legal protection instrument for works or innovations, but can also become part of productive assets that support business expansion.