REGULASI PENYELESAIAN SENGKETA MEREK DAGANG DI INDONESIA DAN KOREA SELATAN: STUDI KASUS BTOB VS BIIB

Abstract

The increasing number of cases of violations in the world of Intellectual Property is a particular threat and challenge for all countries. As essential to running a business, brands often experience major challenges. This study aims to see how Indonesia and South Korea regulate Trademark Rights and provide protection for Trademark holders who suffer losses due to violations by irresponsible people. This study was also conducted based on increasing Trademark disputes globally. The problems that will be discussed in this paper are regarding the regulation and comparison of the application of dispute resolution in the BTOB and BIIB cases. BTOB is a big idol group in South Korea, while BIIB is the name of a dance crew in South Korea. To answer these problems, the author uses a normative legal research method in this study. After analyzing the Trademark Law in Indonesia and the Trademark Law in South Korea, that apply and looking at existing cases, the author states that the role of the government of each country is needed to guide the public to be more concerned about Intellectual Property Rights and their violations. The BTOB and BIIB cases make us aware that trademark disputes can occur and can be done by anyone, and must be resolved per existing regulations. In this case, Law Number 20 of 2016 concerns trademarks, and Law Number 19809 of 2023 concerns trademarks. It is hoped that there will be an increase in the quality of regulations and education for the public regarding how important Trademark protection is so that the scope of business is safer and fairer. In addition, we can support economic growth with a low level of trademark disputes.