APLIKASI KEBIJAKAN MEREK DAGANG PALSU DAN PROBLEMATIKANYA

Abstract

Trademark counterfeiting is one of the problems faced in intellectual property rights. The rise of trade in counterfeit brands in Indonesia is often normalized by society. Making it difficult for law enforcement to enforce the law. In this study, the authors refer to the case of criminal acts of trademark number: 990/Pid.Sus/2021/PN Tjk with the defendant Wus Paweksi Ayu who was found guilty under Article 102 of Law number 20 of 2016 on Trademarks and Geographical Indications for trading counterfeit cartridges brand Canon in her shop. Despite not knowing the process of buying and selling counterfeit brands carried out by their employees. Based on this decision, the author wants to know how the law enforcement of the perpetrators is in completing the law application? How is the criminal responsibility towards perpetrators by substantive justice? Legal research is carried out using normative juridical and empirical juridical approaches. Data analysis was carried out using qualitative analysis methods. The results of the study show that law enforcement in the application stage has not gone well due to the lack of knowledge of law enforcement officials in trademark law causing the application of the law to the perpetrators to be inappropriate. The perpetrator's criminal responsibility is not following substantive justice and the theory of criminal responsibility because he is guilty of not fulfilling the elements in Article 102 of Law no. 20 of 2016 on Trademarks and Geographical Indications.