Model pembiayaan jasa pendaftaran merek bagi pengusaha kecil menengah melalui akad bai al istishna

Hidayah, Khoirul (2019) Model pembiayaan jasa pendaftaran merek bagi pengusaha kecil menengah melalui akad bai al istishna. Jurisdictie: Jurnal Hukum dan Syariah, 10 (2). pp. 157-174. ISSN 2086-7549

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Trademark ownership is very crucial for Small and Medium Enterprises (SME) to encounter free trade. The ownership shows product quality as well as identity. The brand used in trade will get legal protection if it has been registered in Directorate General of Intellectual Property (eng. abb. Dirjen KI). One problem causing rejection in registering a brand is that because there was already the listed similar brand. This makes entrepreneurs reluctant to re-register their brands. Solving the problem, the entrepreneurs need brand consultant services to search for the existing brands, to improve the brand design, and also to accompany the entrepreneurs until the brand is certified. In practice, the service cost a lot so the entrepreneurs need fund to reduce their load. This study employs juridical normative research with concept and laws approach. The analysis based on fatwa (legal opinion by mufti) of DSN MUI and The Law on Brand and Geographical Indication shows that the alternative cost that can be used by sharia funding institutions to help SMEs in solving the high cost of brand registration through brand consultant services is by employing contract of parallel istishna’.

Item Type: Journal Article
Keywords: Trademark; Istishna’; Finance company
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180115 Intellectual Property Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180127 Mu'amalah (Islamic Commercial & Contract Law) > 18012701 al-Bai’ (incl. al-Khiyar)
Divisions: Faculty of Sharia and Law > Department of Sharia Business Law
Date Deposited: 06 May 2020 11:44


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