THE ISLAMIC PERSPECTIVE ON THE TRADEMARK RIGHTS AS A FIDUCIARY GUARANTEE

Makmun, Ahmad Rodli and Muzakki, M. Harir and Fitra, Riza and Lukmannulhaqim, Lukmannulhaqim (2021) THE ISLAMIC PERSPECTIVE ON THE TRADEMARK RIGHTS AS A FIDUCIARY GUARANTEE. RIGEO : REVIEW OF INTERNATIONAL GEOGRAPHICAL EDUCATION, 11 (10). pp. 2653-2662. ISSN ISSN: 2146-0353

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Abstract

This study aims at clarifying how the trademark as fiduciary guarantee based on the perspective of Islamic
law. This study employed a descriptive qualitative approach with content analysis techniques and library
research. The results of the study indicated that the brand right can be used as a fiduciary guarantee
due to its economic value. The object characteristic for debt guarantee refers to an object that has
economic value. If one day the debtor cannot pay off his debt, the object can be used to cover the
debt. Intellectual property on a brand is considered as an asset, so it can become property rights. When
the property has become milk ta>m (full), it can be used as a guarantee based on the MUI Fatwa Decree
No. 1/MUNAS VII/MUI/5/2005 concerning the Protection of Intellectual Property Rights (IPR) in which it is
seen as one of the huqu> q ma> liyyah (property rights) that receive legal protection (mashu> n) as ma>
l (assets). IPR that owns protection of Islamic law should not contradict Islamic values. The IPR can be the
object of a contract (al-ma'qu> d 'alaih), either a mu'awadhah contract (exchange, commercial), or a
tabarru'at one (non-commercial), and can be endowed and inherited.

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