Legal protection of passing-off well-known marks for the welfare of consumers in Indonesia

Abstract

The success and good reputation of well-known marks in the marketplace will undoubtedly sometimes make business actors operate in bad faith, one of which is conducting passing-off actions. Consequently, this can harm consumers, culminating in an absence of prosperity, security, and safety. Therefore, there is a need for legal protection.The objectives of this study are as follows: 1) to analyze the legal protection in Indonesia against passing off the well-known marks under Act Number 20 the Year 2016 on Trademark and Geographical Indication; 2) to analyze protection for consumer welfare of passing off acts upon the well-known marks in Indonesia. Legal protection in Indonesia consists of preventive and repressive actions. The state should protect the welfare of consumers to accommodate all interests in order to create legal protections so that consumers can feel prosperous, comfortable, and safe. This is different to previous research because of the legal protection of passing off in Indonesia based on Law Number 20 the Year 2016 on Mark and Geographical Indications and Law Number 8 the Year 1999 on Consumer Protection.