The Urgency of Legal Protection to the Trademarks in the Global Era

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.

The main objective of the IPR system is to ensure that the creative process continues by providing adequate legal protection and providing sanctions against those who use the creative process without permission.
In subsequent developments, IPRs became an economic commodity that was very promising, especially for a number of countries that made IPR producers (developed countries).This reasoning is underlying the inclusion of IPR into the international trading system.5 On the other hand, it also encourages people to always be

B. RESEARCH METHODS
The method of approach in this study is juridical empirical, this research approach was chosen to see   The legal substance determines whether or not a law can be implemented.Besides that, the substance of the law includes living law, not only the rules in the law (law books).Furthermore, the law that lives in society can be used as a reference in establishing a just law. 14tjipto Rahardjo, stated that "The law is not in the air or in a vacuum, but in society".Furthermore, he said, "Law in relation to the sense of public justice, the law is considered as a channel for all the difficulties faced by society. 15rway, provides some clues about the possibility of SMEs to use trademarks.
Gathering several thousand applicants, including microenterprises and SMEs, (Iversen, 2003)   underlines that less than 30% of the smallest companies identified are involved in two or more trademark applications while the percentage increases to 90% for large companies.the Mexican Industrial Property Law and those contained in the governing international treaties.The Supreme Court's position is that where such a discrepancy exists between a federal law and an international treaty, the latter must prevail.As such, the Mexican Industrial Property Law ought to be interpreted so that it does not limit the cancellation of trademark registrations obtained in bad faith to circumstances involving foreign trademark owners only.17

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Globalization is a term that has a relationship with increasing linkages and dependencies between nations and between people around the world through trade, investment, travel, popular culture, and other forms of interaction so that the boundaries of a country become biased.Globalization has many characteristics in common with internationalization so that these two terms are often exchanged.Some parties often use the term globalization which is associated with the reduced role of the state or national borders.On the other hand, there are those who see globalization as a project carried out by superpowers, so that people can have negative views or be suspicious of it.
there are five types of tasks from a welfare state, namely as a protector of citizens, executors or bodies that are obliged to carry out community needs, as economic supervisors and as judges or mediators.The concept of the welfare state/Indonesian welfare state is implied in the Tariffs of Types of Non-Tax State Revenues Applicable to the Ministry of Law and Human Rights and Government Regulation Number 21 year 2015 concerning Procedures Registration of Fiduciary Guarantees and Costs for Making Deed of Fiduciary Guarantee.In addition, the AEC Blueprint is a guideline for ASEAN Member States to reach the 2015 AEC, where each country is obliged to implement commitments in the blueprint.The AEC Blueprint contains four main pillars, including the economic competitiveness of IPRs that are integrated with the global economy.Brand registration began in 1990-1992, only 7 registrants were registered, from 1993-1994, recorded 89 registrants.In 2018, January to August the brand registration through WIPO Brand Global amounted to 40,556 thousand, in 2017 amounted to 68,580 thousand, in 2016 amounted to 66,173 thousand, in 2015 amounted to 61,910 thousand, in 2014 amounted to 61,587 and in 2013 amounted to 67,788 thousand.So that in the past 6 years, there were 366,604 (three hundred sixty six thousand and six hundred four) registrations.The development of Indonesian trademark registration from year to year can be clearly seen in the table below.
higher the legal awareness of the community should be able to create a good legal culture and can change the mindset of the public regarding the law so far.Unfortunately, the Indonesian people's legal culture wants to make a big profit, but does not want to work hard, and does not want to think.They want it to make a big profit by imitating or hijacking other famous brands.Almost all Indonesian people, if possible they do the similar things.Apart from the aspect of community legal culture, there are also several other factors.Other factors that hinder protection include the low understanding of the importance of trademark intellectual property rights protection for businesses through trademark registration, the convoluted view of the bureaucracy, even though registration through E-IPR and the high cost of fees for SMEs is already valid.free brand registration policy, reputation in certain areas.Their functions go far beyond just to distinguish product sources or service providers; they also to the findings in this study, there is a significant relationship between earnings and 18 An Qinghu, WELL-KNOWN MARKS & CHINA'S SYSTEM OF WELL-KNOWN MARK PROTECTION, The International Trademark Association, Vol.95 May-June, 2005 No. 3, P. 706-707.balance sheet facilitates the decision making process by investors and leads to an increase in the company's performance appraisal, as illustrated in the table below:

. The Role of the State in Providing Legal Protection to Trademarks
Surakarta, P.1 Jurnal Pembaharuan Hukum THE URGENCY OF LEGAL PROTECTION TO Volume V, Issue 3, September -Desember 2018 THE TRADEMARKS IN THE GLOBAL ERA Anis Mashdurohatun, Gunarto, Latifah Hanim 263