Abstract
This study will describe examples of cases of brand counterfeiting that endanger human health and will analyze how the legal protection for trademark rights holders for brand counterfeiting endangers human health, the comparison of Indonesian law with the United States of America. This research is a normative legal research with a statutory approach and a case approach. The data used is secondary consisting of primary and secondary legal materials. Based on the research results, it is known that examples of brand counterfeiting that endanger human health are the counterfeiting of the “One Care” brand and the “Bango” soy sauce brand counterfeiting. Legal protection for trademark rights holders for brand counterfeiting that endangers human health, the comparison of Indonesian law with the United States is that they both follow the development of international legal principles. The difference in Indonesia is regulated in the Trademark and Geographical Indication Law and the Perlinkos Law, while in the United States it is regulated in the Lanham Act of 1946 or the Federal Trademark Lanham Act.
Highlights
Trademarks are part of the big building Intellectual Property Rights (IPR).1 As part of the IPR, the mark contains exclusive rights for the holder of the rights to the registered mark.2 In the business world, a brand is something that is important for the existence of a business
For protection for trademark rights holders, they can file a lawsuit with the Commercial Court and those who falsify can be subject to criminal sanctions and/or fines and compensation
Regarding legal protection for trademark rights holders for trademark counterfeiting that endangers human health in United States law, it is regulated in Article 29 or g 11 1 1, 15 USC United States Law, which in essence provides protection to the owner of trademark rights that has the right to register his trademark and obtain the registration symbol R (R in circles) together with the Mark, so that the use of the registration symbol will no longer be a barrier against the existence of a fake Mark or hold an appropriate defense against a lawsuit for infringement of the right to the mark
Summary
Trademarks are part of the big building Intellectual Property Rights (IPR). As part of the IPR, the mark contains exclusive rights for the holder of the rights to the registered mark. In the business world, a brand is something that is important for the existence of a business. Trademarks are part of the big building Intellectual Property Rights (IPR).. As part of the IPR, the mark contains exclusive rights for the holder of the rights to the registered mark.. A brand is something that is important for the existence of a business. The brand becomes the identity of a product, namely as a distinguishing element between the product and similar or dissimilar products. The function of a brand for a product is as an identity that distinguishes between products and as a guarantee of the quality of the product.. Because the function of the brand is so important for the business world, especially for a company, making a brand an object that must be protected by law. The function of a brand for a product is as an identity that distinguishes between products and as a guarantee of the quality of the product. Through its product brand, a company is known to the wider community, so that the brand will lead to public trust. Even the thing that makes the brand important for the company is through its well-known brand, the price of a company's product can be expensive, the use of a brand on a product must be based on good faith. Because the function of the brand is so important for the business world, especially for a company, making a brand an object that must be protected by law.
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