Perlindungan Hukum Merek Terkenal Terhadap Tindakan Pemboncengan Reputasi di Indonesia: Studi Yuridis

Although laws regulating trademark protection exist, dynamic business practices often create legal risks, particularly in cases of passing off well-known trademark. This practice involves third parties unlawfully exploiting the image of a brand without permission, potentially infringing on the owner's exclusive rights and misleading consumers with counterfeit products. Consequently, the reputation of a brand built over many years can become tarnished, leading to financial and reputational losses for the owner. This research aims to analyze the legal protection mechanisms against passing off well-known trademark in Indonesia. The methodology employed is normative legal research with a legislative approach, utilizing primary data from regulations and secondary data from legal literature. Through qualitative analysis, this study provides an understanding of how laws are interpreted and applied, as well as identifying the strengths and weaknesses of existing regulations in protecting well-known trademark from passing off.

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Publication Details

Journal
Ranah Research Journal of Multidisciplinary Research and Development
Published
2024-11-21
DOI
https://doi.org/10.38035/rrj.v7i1.1224
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Perlindungan Hukum Merek Terkenal Terhadap Tindakan Pemboncengan Reputasi di Indonesia: Studi Yuridis

Laurene Patricia, Wilma Silalahi
Ranah Research Journal of Multidisciplinary Research and Development
Legal Studies and Policies
article

Perlindungan Hukum Merek Terkenal Terhadap Tindakan Pemboncengan Reputasi di Indonesia: Studi Yuridis

Laurene Patricia, Wilma Silalahi
article en

Abstract

Although laws regulating trademark protection exist, dynamic business practices often create legal risks, particularly in cases of passing off well-known trademark. This practice involves third parties unlawfully exploiting the image of a brand without permission, potentially infringing on the owner's exclusive rights and misleading consumers with counterfeit products. Consequently, the reputation of a brand built over many years can become tarnished, leading to financial and reputational losses for the owner. This research aims to analyze the legal protection mechanisms against passing off well-known trademark in Indonesia. The methodology employed is normative legal research with a legislative approach, utilizing primary data from regulations and secondary data from legal literature. Through qualitative analysis, this study provides an understanding of how laws are interpreted and applied, as well as identifying the strengths and weaknesses of existing regulations in protecting well-known trademark from passing off.

Ranah Research Journal of Multidisciplinary Research and DevelopmentVol. 7(1)
Tarumanagara University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Legal Studies and Policies
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