Legal Protection of Small and Medium Industry Products Through Trademark from an Islamic Law Perspective

Abstract

Brand regulations in Law Number 20 of 2016 concerning Marks and Geographical Indications emphasize that a brand is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities. Brands are important in the business world of trading goods and services. Brand as a means to introduce a product to consumers. In reality, many products can deceive and confuse consumers in choosing products. Islam views brands as assets whose ownership must be protected. This article will analyze the legal protection of small and medium industrial products through trademark registration from the perspective of Islamic law. This research is a normative legal research study by conducting library research and using a statutory approach to the primary, secondary and tertiary legal materials used. The research results found that trademark rights in Islamic law are assets whose ownership rights must be protected from things that are detrimental to the brand owner. In Islamic law, plagiarizing, counterfeiting and duplicating a product brand, including small and medium industrial brands, without the owner's permission are prohibited acts. So, the protection of trademark rights in Islamic law is based on the principle of mu'amalah, namely eliminating injustice, avoiding danger, and realizing the public benefit.