ANALISIS PERBANDINGAN HUKUM INDONESIA DAN INTERNASIONAL TERKAIT WARALABA TENTANG HAK MERK

Abstract

This study aims to carry out a comparative analysis between Indonesian legal regulations and international legal regulations regarding the protection of trademark rights in the context of franchising, with a focus on trademark rights. The research method used is legal research with a descriptive-qualitative approach. The data used is secondary data consisting of library materials and related laws and regulations. The analysis was carried out by comparing the legal provisions in Indonesian regulations and international regulations regarding trademark rights in franchising. The results of the analysis show that there are significant similarities and differences between Indonesian legal regulations and international legal regulations regarding the protection of trademark rights in franchising. In general, both of them have the same goal, which is to protect trademark rights and provide legal protection to brand owners. However, there are differences in the geographical scope of trademark protection, trademark licensing terms within franchises, trademark registration requirements, and trademark dispute resolution procedures. In conclusion, legal protection of trademark rights in the context of franchising is an important issue in the development of franchise business. Differences and similarities between Indonesian legal regulations and international legal regulations must be understood by brand owners and parties involved in franchising activities. This understanding can be used to adjust appropriate strategies and policies in protecting brand rights and strengthening legal protection in franchising. In addition, this understanding can also be input for the development of better regulations to support the sustainable growth of the franchise business and protect the interests of all parties involved.