PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK ATAS MEREK DI INDONESIA

Abstract

One of the distinctive features of a product is its trademark, which is essentially an intellectual creation. Once a trademark is registered in accordance with the procedures outlined in the law, the right to use it can be claimed, in accordance with Indonesian trademark law, which has evolved over the years and is most recently regulated in Law No. 20 Year 2016 on Trademarks and Geographical Indications, which replaced Law No. 15 Year 2001 on Trademarks. If you want your trademark to be recognised in Indonesia, you must register it with a government-run institution known as the DJKI. To register a trademark, one must first meet the trademark registration criteria and then undergo the administrative and substantive assessment process. After completing the necessary steps, the applicant will obtain a legally binding trademark certificate. This certificate will provide legal protection to the trademark registrant in accordance with the prevailing positive law in Indonesia, namely Law No. 20 Year 2016. A registered trademark in Indonesia has a term of legal protection for ten years from the date of acceptance, in accordance with Article 35 of Law No. 20 of 2016. While it is true that Indonesia has adopted international laws to protect trademarks, the question remains whether trademark owners who choose not to register their trademarks with the DJKI also receive the same protection. Legal protection related to trademarks in the event of a dispute can be pursued in accordance with the provisions of Article 83 paragraph (1), (3), Article 87, Article 89, and Article 93 of Law No. 20 Year 2016. Once the trademark rights are registered, the owner or licensee of the trademark may own, transfer, or grant the right to use the trademark to other parties. The current law in Indonesia is the main focus of this research, which uses normative juridical research methodology. Using primary, secondary, and tertiary data sources, this technique aims to understand the relevant laws and regulations.