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All Journal Jurnal Poros Hukum Padjadjaran Hakim: Jurnal Ilmu Hukum dan Sosial
Ananda Fersa Dharmawan
Universitas Padjadjaran
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PROTECTION OF A TRADEMARKS FROM DEEP LINKING IN THE DIGITAL WORLD Ananda Fersa Dharmawan; Dea Rahmawaty Ruhiat; Muhamad Amirulloh
Jurnal Poros Hukum Padjadjaran Vol. 4 No. 2 (2023): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v4i2.1111

Abstract

Issues surrounding the practice of deep linking as brand infringement represent a new transformation in the form of digital brand infringement. Legal protection against new forms of digital trademark infringement is urgently needed in order to protect brands as intellectual property rights in the ICT era. The approach method used in this research is normative juridical by using secondary data in the form of literature on laws and regulations, books and articles related to deep linking and brands. From the exposure and discussion of the act of deep linking of a brand digitally which is studied through the analysis in this article, it can be concluded that the theory and legal principles used in underlying the formation of a trademark protection law from deep linking as a trademark violation on the internet include the theory of brand protection in the era of ICT, the theory of development law and the theory of economic analysis of law (economic analysis of law). The principles that can underlie the law on trademark protection from deep linking include the Droit de Suite principle and the Good Faith principle. As a legal basis for civil lawsuits and criminal prosecution of deep linking of current brands, the articles contained in the ITE Law can be used because Law Number 20 of 2016 concerning Marks and Geographical Indications does not yet regulate deep linking.
Penguatan Pelindungan Data Pribadi Melalui Otoritas Pengawas Di Indonesia Berdasarkan Perbandingan Hukum Hong Kong Dan Singapura Azza Fitrahul Faizah; Sinta Dewi Rosadi; Garry Gumelar Pratama; Ananda Fersa Dharmawan
Hakim Vol 1 No 3 (2023): Agustus : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v1i3.1222

Abstract

Law Number 27 of 2022 concerning Personal Data Protection (UU PDP) has directly mandated the establishment of a data protection authority which determined by the President. The LPPDP has projected to become an authority that acts as a supervisor and law enforcer for personal data protection in Indonesia, the LPPDP must be able to perform its functions, duties, and authorities independently. The several DPA forms can be considered to establish LPPDP in Indonesia. This journal article examines the necessity of establishing DPAs as an essential component in strengthening personal data protection laws in Indonesia through a comparison of law and practices in Hong Kong and Singapore. The research utilizes a comparative normative approach with descriptive-analytical specifications, comparing the mechanism of the supervisory authority and positive laws related to privacy and personal data protection in Hong Kong and Singapore. This study has resulted in several results: First, the existence of an independent LPPDP will strengthen the personal data protection law effectively and comply the adequate level of protection with other developed countries. Thus, the President must immediately establish LPPDP regarding the minimum requirements for the DPA's establishment in international practice. Second, there are several recommendations that can be applied in establishing the formation of LPPDP, whether in the form single supervisory authority or ministry based-models.
Co-Authors Azza Fitrahul Faizah Dea Rahmawaty Ruhiat Garry Gumelar Pratama Muhamad amirulloh Sinta Dewi