Manuscript Title:

LEGAL PROBLEMS AND THE CONCEPT OF DIGITAL BRAND PROTECTION IN INDONESIA

Author:

SUNARDI, BUDI SANTOSO, SITI MALIKHATUN B

DOI Number:

DOI:10.17605/OSF.IO/97CRU

Published : 2022-09-23

About the author(s)

1. SUNARDI - Program in Law, Faculty of Law, Diponegoro University, Semarang.
2. BUDI SANTOSO - Lecturer in Law, Faculty of Law, Diponegoro University, Semarang.
3. SITI MALIKHATUN B - Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Research on legal protection for well-known brands in Indonesia aims to determine the legal protection for digital brands based on positive law in Indonesia with an element of equality in essence. Digital brands have an exclusive nature, but there are still many violations that happen to them such as imitation, pillion and things that make the brand owner lose. In this study using a normative juridical method. This research has the advantage of discussing more specifically about digital brand regulation in Indonesia on the basis of legal problems and the concept of digital brand protection in Indonesia. The results of the study are that legal protection for digital brands is currently regulated to the extent of brand criteria, prohibition of taking actions that contain elements of similarities in principle with well-known brands and repressive efforts in the form of the right to report to the court owned by the brand, this is stated in Law no. 20 of 2016 concerning Brands and Geographical Indications, Permenkumham No. 67 of 2016 which regulates trademark registration, as well as Supreme Court Jurisprudence No. 022/HKI/2012. The form of responsibility from the government is to carry out court decisions, provide legal counseling and can be punished according to the provisions of the Criminal Code.


Keywords

Legal Protection, Protection Concept, Digital Brand.