Obstacle Factors For Legal Protection Of Nike Brand Holders

Abstract

The existence of the Ministry of Law and Human Rights as an institution in the registration of trademarks and the Department of Industry and Trade as a supervisory agency in the circulation of goods in Indonesia and needs to be optimized related to the functions of supervision, guidance and enforcement. This is done because the functions of supervision, guidance and prosecution are not optimal for traders who sell counterfeit goods. This study aims to determine the factors that hinder the implementation of legal protection for Nike trademark holders on counterfeit shoes in the Klithikan Pakuncen market in Yogyakarta. This research was normative-empirical research using primary data and secondary data. The results of the study show that there are three inhibiting factors for the implementation of legal protection, namely the Law Factor, the Government Factor, and the Community Factor. First, Law no. 20 of 2016 concerning Marks and Geographical Indications does not explicitly regulate the Mark Holder but regulates the goods of the brand. Second, the Department of Industry and Commerce and the Ministry of Law and Human Rights are still lacking in personnel or expert staff in the field of trademarks within the Department of Industry and Commerce recognized as an obstacle in the process of fostering or socializing business actors who cheat in the trading process which is considered not only detrimental to the Trademark Rights Holder but also including the consumers in it. Third, consumers or buyers who prefer imitation brand goods at low prices for the sake of a lifestyle.