Manuscript Title:

IDEAL FORM OF IPR MEANING REGISTERED IN FRANCHISE BUSINESS FORMAT (FRANCHISE) IN INDONESIA

Author:

ANGGI SAPUTRA IBRAHIM, BUDI SANTOSO, YUNANTO

DOI Number:

DOI:10.5281/zenodo.10318123

Published : 2023-12-10

About the author(s)

1. ANGGI SAPUTRA IBRAHIM - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. BUDI SANTOSO - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. YUNANTO - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The purpose of this study is to analyze: 1) to what extent is the franchise business format able to provide profitable choices for the community in starting a profit-seeking business? 2) To what extent is the correlation of Intellectual Property Rights with the franchise business format? What donations do IPR
provide in the franchise business format? 3) How the ideal form interprets the provision "registered IPR" as one of the indicators of the existence of a franchise according to regulatory provisions. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: a) the franchise business became popular and growing rapidly in Indonesia because this form benefited both parties, namely the franchisor and the franchisee. For franchisees, the benefits obtained are that franchisees do not need to start their business from scratch because the franchisor's business is well- known and has a market, so that franchisees have the opportunity to grow quickly. The advantage of running a franchise business for franchisees is that the business can expand faster in many locations simultaneously and increase profits by utilizing investment from franchisees. 2) Intellectual Property Rights (IPR) is a very significant element in franchising, because without IPR contained in the franchise, it can be
said that a business is not a franchise. Thus, IPR legal protection in franchise agreements is very important in supporting franchise businesses. Through the agreement on the franchise, various aspects of legal protection for IPR are regulated and agreed upon jointly by the franchisor and franchisee. 3) Article 1 paragraph (1) of the Decree of the Minister of Trade No. 12/M-DAG/PER/3/2006 concerning Terms and Procedures for Issuance of a Franchise Business Registration Certificate, Franchising (franchise) is an engagement between the Franchisor and the Franchisee where the Franchisee is given the right to run business by utilizing and/or using intellectual property rights or inventions or business characteristics owned by the Franchisor in exchange for a fee based on the terms set by the Grantor.


Keywords

Ideal Form of Meaning, Registered IPR, Business Format, Franchise, Indonesia.