Anomali Pergeseran Filsafat Hukum Terhadap Keadilan Korban Pemegang Hak Merek Pada Bisnis Online Shop

Abstract

The purpose of this study is to analyze the justice that should be received by victims of trademark rights holders, especially in the online shop business based on the legal philosophy aspects of Indonesian trademark law which adheres to a "first to file" system, so that those who register first are those who are entitled to ownership. a brand. The method used in this research is a normative research method using a statutory and case approach using primary legal materials and secondary legal materials using legal material collection techniques in the form of library research by collecting various books and journals related to the topic in this study as a reference. The results of this study are to explain the importance of the principle of proportionality which is an alternative solution for holders of rights to electronic brands (e-commerce), and to provide legal protection based on the first-to-file principle system given to registered trademark rights holders who have good faith, are preventive in nature nor repressive. In order for any anomaly in the shift in legal philosophy towards the rights of trademark holders to have legal protection, particularly trademark law in Indonesia, the trademark registration itself must be registered with the Ministry of Law and Human Rights-Directorate General of Intellectual Property Rights, so that it is registered in the General Register of Marks and their owners. the actual brand will receive a trademark certificate as proof of rights and ownership of the product trademark. Therefore, the conclusion of this study is to explain the importance of justice and protection for victims of brand rights holders, especially in the online shop business