Protection of Brand Rights According to Law in Indonesia and Regulations of International Brands

Abstract

A brand is an image or name that can be used to identify a product or company on the market. In Indonesia, the Trademark Law is regulated by Law Number 20 Year 2016 concerning Trademarks and Geographical Indications. In addition to national regulations, Indonesia is also bound by international brand regulations. The regulation on Intellectual Property Rights (IPR) in international agreements is inseparable from the role of two international organizations namely the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). WIPO is one of the special agencies of the United Nations that was formed in 1967 with the aim of encouraging creativity and introducing IPR protection throughout the world. Legal issues that will be examined in this study are how to protect trademark rights according to Indonesian law and international brand regulations. The research method used is normative juridical, using secondary data in the form of qualitative data, which is then analyzed analytically descriptive. Secondary data consists of primary legal materials, secondary legal materials and tertiary legal materials. The specific target of this research is to find the extent to which the State protects the rights of brand holders in Indonesia and holders of international brands.