LEGAL PROTECTION OF RIGHTS HOLDERS OF REGISTERED MARKS FROM ISLAMIC LEGAL PERSPECTIVE

Abstract

Trademarks are valuable assets for companies and individuals, therefore, legal protection of brand rights is very important. In the Trademark Law, it is stated that a brand is a sign that can be displayed graphically in the form of an image, logo, name, letter, word, number, color arrangement in 2 (two) dimensions, or 3 (three) dimensions, hologram sound. or a combination of 2 (two) or more to differentiate between goods and services trading activities. There are provisions that regulate the rights and obligations of registered trademark holders. Famous or unknown brands must be registered. Protection of this brand is not only regulated in positive law but also Islamic law. This research is empirical juridical research by conducting field research. Deep data collection methods.This research uses documentation, and the data obtained is then analyzed descriptively qualitatively through data reduction, presentation and drawing conclusions or verification.From the results of the research that has been carried out, it can be concluded that trademark rights for goods/services in Islam are seen as assets whose ownership rights must be protected from things that are detrimental to the brand owner. Brands that have been protected in Islam must also comply with the provisions of the Koran and Hadith as well as the ijtihad of ulama. This is similar to the provisions stated in MUI Fatwa Number 1/MUNAS VII/MUI/5/2005 concerning the protection of Intellectual Property Proceedings of 3rd Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) 2023, ISSN: 2985-3613 hal. 213-221257Rights (IPR) including the protection of brand rights. Under Islamic law, counterfeiting, plagiarism or duplication without the permission of the brand owner is haram.