JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB)
Vol. 2 No. 1 (2022): NOVEMBER

LEGAL PROTECTION OF UNREGISTERED MARKS IN INDONESIA

Edi Ribut Harwanto (Lecturer of the Faculty of Law, Universitas Muhammadiyah Metro (UMM))
Samsul Arifin (Lecturer of the Faculty of Law, Universitas Muhammadiyah Metro (UMM))



Article Info

Publish Date
20 Sep 2022

Abstract

In accordance with Law No. 20 of 2016 pertaining to Marks and Geographical Indications, trademark protection in Indonesia is only granted following registration under a constitutive system. This study aims to examine the pseudo-legal protection afforded to unregistered trademark owners in Indonesia. This study employs a normative legal research methodology because its focus departs from the ambiguity of norms, employing a statute approach and a conceptual approach. The technique for tracing legal materials involves document analysis techniques and qualitative study analysis. The findings of this study indicate that Mark Protection in Indonesia is granted only after registration in accordance with the constitutive registration system adopted by Law No. 20 of 2016 regarding Marks and Geographical Indications. Unregistered trademarks are not protected by law. Meanwhile, if an unregistered mark is used or imitated without permission or rights, the owner of the mark cannot file a lawsuit against the violator.

Copyrights © 2022






Journal Info

Abbrev

JHSSB

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (JHSSB) has main objective which is to cater an intellectual platform for the international scholars. JHSSB aims to promote interdisciplinary studies in business and social science and become the leading journal in humanities, social science and ...