¹Nisa Aurellia,²Kholis Roisah

^1,2Diponegoro University Jalan Imam Bardjo No.5, Pleburan, Semarang City, Indonesia.

DOI : https://doi.org/10.47191/ijsshr/v6-i6-75

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ABSTRACT

Business competition cannot be avoided any more if you decide to be involved in the business sector. However, business competition is only sometimes carried out automatically, fair and healthy. There are still many business actors who compete unfairly by justifying any means to be able to maintain their business. One is for brands prone to piracy, which are identification marks of a product/service. Therefore, legal protection of brands needs to be done to obtain legal certainty. The research method used in this paper is normative legal research, which is carried out by studying literature using secondary data to solve existing problems. In Indonesia, legal protection for marks can obtain legal certainty if they are successfully registered with the Director General of Intellectual Property Rights (HKI) using the first-to-file principle regulated in the Law on Trademarks and Geographical Indications. It differs slightly from the US trademark protection system, which uses the principle of use in commerce and requires the trademark owner to register the trademark with the United States Patent and Trademark Office (USPTO) under the Lanham Act.

KEYWORDS:

Brands, Lanham Act, Unfair Competition, Legal Protection, Intellectual Property Rights, UPSTO

REFERENCES

A. Journal
1) Arifin, Zaenal, Muhammad Iqbal. 2020. Legal Protection of Unregistered Marks. Ius Constituendum, Vol.5, p.49

2) Fadhilah, Meita. 2019. Law Enforcement of Unfair Business Competition by the Commission for the Supervision of Business Competition (KPPU) in the Extraterritorial Framework. Yuridika Insights Vol. 3, p. 2

3) Gultom, Meli Hertati. 2018. Legal Protection for Registered Mark Rights Holders Against Trademark Violations. Warta Darmawangsa, Vol. 56, p. 2

4) Mantili, Rai et al. 2016. Problems in Enforcing Business Competition Laws in Indonesia in the Context of Creating Legal Certainty. Padjadjaran Journal of Legal Studies, Vol.3, p. 117

5) Pakpahan, Yohan Prawira. 2021. Legal Protection for Unregistered Mark Owners in terms of the "Use In Commerce" Principle. Dialogia Iuridica, Vol. 12, p. 27

6) Steven, Yudhi Priyo Amboro. 2015. Juridical Review of Brand Rights Protection in a Comparative Perspective of Indonesian and United States Laws. Journal of Judicial Review, Vol. 17, p. 49

B. Book
1) Abdulkadir Muhammad, 2004, Law and Legal Research, Bandung: Citra Aditya Bakti.

2) Soekanto, Soejono, 2005, Introduction to Legal Research, Jakarta: UI-PRESS.

VOlUME 06 ISSUE 06 JUNE 2023