Regulation Model for Intellectual Property Financing Scheme (IPFS) Optimizing Msme Capital For The Tourism Sector (Comparative Study: Singapore And Malaysia)
Putri Purbasari Raharningtyas Marditia, S.H., M.H, Tivana Arbiani Candini, S.H., LL.M

Atmajaya Indonesian Catholic University

Abstract

Loans are one way to increase business capital and usually require collateral to guarantee the interests of creditors. The type of collateral required depends on various aspects of the loan, such as the loan amount applied for, the length of time the loan is granted, and the purpose of the loan. Under the UNCITRAL Legislative Guidance on Secured Transactions: Supplement to Security Rights in Intellectual Property (^Additional^), the use of collateral to secure credit is extended to intellectual property rights (hereinafter, IP) to secure without interfering with the intellectual property policy of Property law. Based on the concept outlined in the UNCITRAL Legislative Guide, Malaysia in 2013 introduced the IP Financing Scheme (IPFS) to facilitate the use of intellectual property rights (IPR) as collateral and so far, Malaysia has provided financing of RM 27.35 million. to five companies: KRU Malaysia Sdn Bhd- Datamicron Systems Sdn Bhd- Infoconnect Sdn Bhd- Smart Mobile Technology Sdn Bhd and Giggle Garage Sdn Bhd. Similarly, in 2014, Singapore introduced IPFS to facilitate the use of IP rights as collateral and two years after its launch, S-100 million IPFS was awarded to a Singapore-owned footwear company as the first loan secured by a patent. Under several IPR laws, Indonesia allows the use of IPR to guarantee loans as fiduciary collateral, such as Law No. 15 of 2001 on Marks- Law Number 28 of 2014 concerning Copyright- Law Number 13 of 2016 concerning Patents. This IPR guarantee arrangement can be a means of supporting MSME capital, especially in the tourism sector. However, there are difficulties in implementing the new policy. This idea was once initiated by Indonesia by BEKRAF (Indonesian Creative Economy Agency), So through this paper, we will discuss 2 things: First, How the Regulatory Model will be used to optimize the use of IPFS in Indonesia to increase capital for MSMEs and Second, What are the tax provisions that can support state revenues in the development of MSMEs and the surrounding area in the tourism sector. This paper will begin with an analysis of the implementation of IPFS in Malaysia and Singapore, lessons learned from each country, and continue with the formulation of a regulatory model that is in accordance with the implementation of the IPFS model in Indonesia.

Keywords: Guarantee Law, Intellectual Property Financing Scheme (IPFS), Indonesia

Topic: Intelectual Property Rights