Perlindungan Hukum Atas Merek Kosmetik Antara Indonesia Dan Korea Selatan

Abstract

This study aims to determine and comprehend the legal protection afforded to cosmetic trademark under prevailing regulations in Indonesia and South Korea. The research problem posed is how legal protection for cosmetic trademark is implemented in Indonesia and South Korea, also how liability for infringements of cosmetic trademark is addressed in Indonesia and South Korea. The research methodology employed in this study is normative legal research, which conceives las as norms encompassing values and existing positive law. The data collection technique utilized is literature review. The result of this this study conclude that the preventive legal protection of cosmetic trademark differs with South Korea having more systematic regulatory framework concerning cosmetic compared in Indonesia. However, the similarity between Indonesia ad South Korea lies in the protection obtained through a constitutive system. Repressive legal protection of trademark similarities with the existence of legal remedies against trademark infringements through litigation and non-litigation means. Nonetheless, the difference lies in the non-litigation legal enforcement agencies in South Korea having advantages compared to those in Indonesia.