Journal of Advances in Humanities and Social Sciences
Details
Journal ISSN: 2414-3111
Article DOI: https://doi.org/10.20474/jahss-7.3.1
Received: 13 April 2021
Accepted: 20 June 2021
Published: 09 September 2021
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  • Legal Protection of Brand Rights for Franchise Agreements in Indonesia


Alan Rachman, Daniel Hendrawan

Abstract

Business concept in franchising has become one of the centers of attention that can provide breakthroughs in the diversity of the economic market in Indonesia. Franchising here can be a means to assist business development for business owners in Indonesia to become more and more competitive in a sustainable way. This exploratory research aims to shed light on emerging Intellectual Property Rights concerns in the developing country context of Indonesia related to franchising businesses. This research uses the normative juridical method, which looks positive norm written in the book. Seeing the success and progress of franchising made this thing finally in great demand by entrepreneurs who then turned their business into a franchise for expansion. The results revealed that the key to the concept owned by this franchise business lies in its intellectual property rights; Intellectual Property Rights are special rights held directly by individuals or business entities against business systems that have a distinctive characteristic. Unique in its business, this is certainly done to attract market interest and then be able to market goods and/or services that have been proven successful so that success can be utilized and/or used by parties who also want to follow this kind of business model. The importance of this study is to see this development, which is growing faster and faster; of course, the legal protection of Intellectual Property Rights in this franchise agreement is important and needs to be protected. The study brings several theoretical and practical key insights for business lawmakers, scholars, government agencies, and entrepreneurs in Indonesia and the rest of the developing countries.