TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP MEREK TERKENAL (BERDASRKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS)

Abstract

Brand is one of the intellectual works of humans which is closely related to economic activities and trade plays a very important role. Therefore, among product brand owners will compete to gain trust from the public as consumers. Brands of new products and certain services that are well known and in demand in the market, of course, tend to make other producers or entrepreneurs spur their products to compete with well-known brands. Many cases that occur in the form of trademark cancellation lawsuits filed by many trademark owners, therefore a quality brand that is widely known by consumers has the potential to be followed, imitated, and hijacked. Based on Law Number 20/2016 on Brands and Geographical Indications explains that the role of brands is very important, especially in maintaining good business competition. The formulations of the problems raised from this research are (1) How is the legal arrangement for well-known trademarks in Indonesia based on Law Number 20 of 2016 on Brands and Geographical Indications? (2) How is the legal protection for well-known marks based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications?

        The research method used in this research is library research. The approach used in this study is a normative juridical approach, which is used as the research studies the regulation of well-known brands and legal protection of famous brands in Indonesia according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Sources of data in this study are library materials, namely the law on brands, legal literature in the form of journals or books, and the opinions of experts.        Legal protection for a trademark is given as an acknowledgment that the mark belongs to the person who has used it as an acknowledgment that the mark is the property of the person who has used the mark to identify the goods, to distinguish it from other goods that do not use the mark. In the 2016 Trademark and Geographical Indication Law concerning Trademarks and Geographical Indications states that the right to a mark is an exclusive right granted by the state to the owner of a registered mark for a certain period by using the mark himself or giving permission to other parties to use it. 

Keywords : Legal Protection, Femous Brand, Geographical Indications.