THE LEGAL POLITIC OF REGULATION FOR TRADEMARK REGISTRATION SYSTEMS IN INDONESIA

Darwance Darwance,Sudarto Sudarto

doi:10.33019/berumpun.v4i1.47

Abstract

The development of brand functions which was originally only as a distinguishing element to be more of a reputation, to be the brand that is usually represented by the image, logos, etc., resulting in a brand being one of the triggers for a dispute. Therefore, a number of regulations that provide protection for marks have been issued in Indonesia started with the Trademark Law of 1885 published by the Dutch Colonial Government until Law Number 20 of 2016 concerning Current Marks and Geographical Indications. But, trademark disputes still occur. This juridical normative research with a legal approach aims to know and analyze the legal politics of trademark registration regulations in Indonesia. The result is that there are weaknesses in the existing regulations regarding trademark registration, both substantial and procedural. Therefore, they need to be clearer and more concrete regulations in regulating trademark registration in Indonesia so that trademark disputes can be minimized.

Highlights

In various literacies it is said that trademark is one of the origin of the concept which is known as Intellectual Property Rights (IPR)
A number of regulations that provide protection for marks have been issued in Indonesia started with Trademark Law of 1885 published by the Dutch Colonial Government until Law Number 20 of 2016 concerning on Current Marks and Geographical Indications
ProLexus, DC Comics and Wafer Superman, and the most recent is the dispute over Geprek Bensu trademark (“Selain Geprek Bensu, Berikut 5 Kasus Sengketa Merek Dagang Di Indonesia,” n.d.)

Summary

INTRODUCTION

In various literacies it is said that trademark is one of the origin of the concept which is known as Intellectual Property Rights (IPR). The trademark in Indonesia were regulated first by The Trademark Law 1885 issued by the Dutch Colonial Government. One indication is that there is a still frequent trademark dispute at some time, including when the trademark regulation was revised with a new law in 2016. ProLexus, DC Comics and Wafer Superman, and the most recent is the dispute over Geprek Bensu trademark (“Selain Geprek Bensu, Berikut 5 Kasus Sengketa Merek Dagang Di Indonesia,” n.d.). It indicates that there is a problem in the protection of trademark in Indonesia. The data is analyzed qualitatively, which is not using number, but giving descriptions with words, or findings, it prioritizes the quality of the data not the quantity (HS & Nurbani, 2013)

Discussion

Conclusion