Protection Of Rights Of Exclusive Right Owners Based On Law Number 20 Of 2016 Concerning Marks And Geographical Indications

Abstract

A brand is more than just a product, because it has a dimension that differentiates it from other similar products. The differentiation must be rational and tangible with the performance of a product from a brand or more symbolic, emotional, and invisible that represents a brand. Based on Trademark and Indication Law Geographically , the State has provided 2 (two) legal protections for owners of exclusive trademark rights , namely preventive protection and repressive protection. Preventive protection, namely protection before a criminal act or violation of law occurs against a brand and a well-known mark. Repressive protection is legal protection for brands when there is a trademark crime or violation of trademark rights. A brand will only be valuable if it has exclusive rights. Without exclusive rights, people will be free to imitate and counterfeit other people's brands. This situation will be detrimental to both parties, namely brand owners on the one hand and at the same time the wider community. Thus, one of the main functions of granting exclusive rights by law to brand owners is for the upbuilding and refreshing role system trading free Which clean as well as competition business honest and healthy, so that the interests of the wider community (consumers) can be protected from fraudulent acts and bad faith. Several things can cause legal problems in the field of marks due to the use of domain names on the internet network. First, due to third parties Which in a manner on purpose register A Name domain Which he thinks it will be in great demand by other people. It can be stated that there are three forms of trademark infringement, namely Trademark piracy (brand piracy), Counterfeiting (counterfeiting), And Imitations of labels and packaging (imitation label And a packaging product). To violation brand in on party Which harmed can file a civil lawsuit with the Commercial Court or by nonlitigation means, namely alternative dispute resolution institutions and can make a close approach criminal