Liability for Right Holders to Electronic Marks (E-Commerce) on the Commercialization of Individual Trade Actions in Electronic Business Transactions

Abstract

The type of research used in this research is normative legal research. So, in fact, the principle of proportionality is an alternative solution for electronic brand rights holders (e-commerce), which provides legal protection based on the first to file principle system given to registered trademark rights holders who have good intentions, are preventive or repressive. On the other hand, it’s necessary to guarantee legal certainty to be able to provide accountability when there are ties or agreements in electronic business transactions in the field of trade and other trading businesses, so as to guarantee a sense of security and comfort in investing and doing business in the world of digitalization and e-commerce.