Manuscript Title:

LEGAL PROTECTION FOR FAMOUS BRANDS IN INDONESIA AFTER THE REPEAL OF LAW NO. 15/2001 ON BRANDS AND GEOGRAPHIC INDICATIONS

Author:

YATI NURHAYATI, IFRANI, PARMAN KOMARUDIN, DADANG ABDULLAH, AKHMAD HULAIFY

DOI Number:

DOI:10.17605/OSF.IO/3D7BR

Published : 2022-02-23

About the author(s)

1. YATI NURHAYATI - Faculty of Law, Universitas Islam Kalimantan Muhammad Aryad Al Banjari, Banjarmasin.
2. IFRANI - Faculty of Law, Universitas Lambung Mangkurat, Banjarmasin.
3. PARMAN KOMARUDIN - Faculty of Islamic Studies, Universitas Islam Kalimantan Muhammad Aryad Al Banjari, Banjarmasin.
4. DADANG ABDULLAH - Faculty of Law, Universitas Lambung Mangkurat, Banjarmasin.
5. AKHMAD HULAIFY - Faculty of Islamic Studies, Universitas Islam Kalimantan Muhammad Aryad Al Banjari, Banjarmasin.

Full Text : PDF

Abstract

Although the government has made some regulatory reformations in trademark law, the US 2017 Trade Representative special report 301 still keeps Indonesia on its priority watch list on trademark enforcement. This study aims to, firstly, discuss the protection of well-known brands after the enactments of Law No. 20/2016 on Trademarks and Geographical Indications, and secondly, to determine how much legal protection does the 2016 Trademarks Law provide to well-known brands in Indonesia. This study uses the normative juridical method which draws on secondary data in the form of primary law material, secondary law material, and tertiary law material. This study argues that article 83 sections 1 and 2 of Law No. 20/2016 is the legal basis for the protection of well-known brands in Indonesia. The study reveals that the legal protection of well-known brands in Indonesia is still very weak and does not guarantee legal certainty and justice due to the indifference of the government IP violation complaints.


Keywords

Legal protection, Intellectual Property Rights, well-known brands, counterfeit goods.