Regulatory Concept of Trademark Protection against Cybersquatting in Indonesia

This research analyzes the regulatory concept of Trademark Protection against Cybersquatting Crime in Indonesia. The first registrant principle applied in domain name registration allows certain parties to abuse this system by registering domain names that are similar to registered marks without going through substantive examination. This differs from the trademark registration system that applies the first-to-file principle. The research method used in this research is normative juridical, using a statutory approach and conceptual approach. The results show that the preventive measure that can be taken is to add a condition that the registration of a brand name must be accompanied by the registration of a domain name. This can help prevent the appropriation of domain names that are associated with brands. Additionally, effective law enforcement against cybersquatting cases must be carried out through both non-litigation and litigation channels to prevent the harmful practice of domain name grabbing that affects brand owners.

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Publication Details

Journal
Lex journal kajian hukum dan keadilan
Published
2025-02-20
DOI
https://doi.org/10.25139/lex.v9i1.9775
Primary Topic
Intellectual Property Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Regulatory Concept of Trademark Protection against Cybersquatting in Indonesia

Siti Fatimah Maddusila
Lex journal kajian hukum dan keadilan
Intellectual Property Law
article

Regulatory Concept of Trademark Protection against Cybersquatting in Indonesia

Siti Fatimah Maddusila
article en

Abstract

This research analyzes the regulatory concept of Trademark Protection against Cybersquatting Crime in Indonesia. The first registrant principle applied in domain name registration allows certain parties to abuse this system by registering domain names that are similar to registered marks without going through substantive examination. This differs from the trademark registration system that applies the first-to-file principle. The research method used in this research is normative juridical, using a statutory approach and conceptual approach. The results show that the preventive measure that can be taken is to add a condition that the registration of a brand name must be accompanied by the registration of a domain name. This can help prevent the appropriation of domain names that are associated with brands. Additionally, effective law enforcement against cybersquatting cases must be carried out through both non-litigation and litigation channels to prevent the harmful practice of domain name grabbing that affects brand owners.

Lex journal kajian hukum dan keadilanVol. 9(1)
Tadulako University (ID)
Openalex Percentile: Top 56%
Intellectual Property Law
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