Trademarks as Intangible Assets Legal Strategies for MSMEs To Access International Trade Financing
Authors/Creators
- 1. Master of Law, Faculty of Law, Universitas Diponegoro
Description
Micro, small, and medium enterprises (MSMEs) play an important role in economic development and international trade. However, their participation in export markets is frequently constrained by limited access to financing, inadequate collateral, and insufficient legal protection for their business assets. Trademarks represent valuable intangible assets because they distinguish products, strengthen consumer recognition, support market expansion, and potentially generate economic benefits through licensing and commercial agreements. Despite their commercial significance, trademarks are often underutilised in financing strategies, particularly among MSMEs that rely primarily on tangible assets to demonstrate creditworthiness. This article examines the legal position of trademarks as intangible assets and identifies legal strategies that may assist Indonesian MSMEs in accessing international trade financing. The research employs normative legal research with statutory and conceptual approaches, focusing on Indonesian trademark legislation, intellectual property-based financing regulations, and international intellectual property frameworks. The analysis demonstrates that trademark registration, ownership verification, commercial valuation, licensing arrangements, and appropriate contractual documentation can strengthen the legal and economic credibility of MSMEs when approaching lenders and investors. International trademark protection can also support export readiness by reducing the risk of brand disputes in target markets. Nevertheless, trademark ownership does not automatically guarantee financing approval because lenders must consider valuation uncertainty, market demand, enforceability, and repayment capacity. The article argues that trademarks should be integrated into a broader financing strategy that combines intellectual property management, financial documentation, export contracts, and risk mitigation. Stronger cooperation among intellectual property authorities, financial institutions, export financing agencies, and MSME support organisations is necessary to make intellectual property-based financing more accessible and practical for small businesses.