Perlindungan Hukum Terhadap Merek Terkenal Nike di Indonesia (Studi di Daerah Istimewa Yogyakarta)
Abstract
The recognition of a brand to become a well-known/famous mark can further
trigger acts of brand infringement both on a national and international scale. Mark
violations that occur in Indonesia are still relatively high, illegal use or imitation
of marks not only on domestic brands but also on foreign brands is also a target.
Issues regarding well-known brands are sometimes not easy to decide, because of
the "famous" adjective that makes the brand different from brands in general, for
example the Nike brand circulating in Indonesia. The formulation of the problems
in this paper are (1) How is the legal protection of the famous Nike brand in
practice in Yogyakarta and (2) What are the legal factors that cause the famous
Nike brand products in Yogyakarta not to be legally protected. This writing uses a
research method with the type of empirical research using primary data, namely
interviews and distribution of questionnaires to traders who sell the famous Nike
trademark and buyers. The results of this study are that legal protection for
holders of the well-known Nike trademark in Indonesia is not protected on the
grounds that the licensee does not make a complaint to the authorities, there is still
a lack of supervision and enforcement by the authorities against traders who claim
to be selling original Nike brand goods in below Nike's official retail price and
there is no explicit and clear regulation regarding the standardization of
collaborating in Indonesia. Legal factors that cause famous Nike brand products in
Indonesia are not legally protected, namely the fragility of law enforcement and
the awareness of brand holders in cases of counterfeiting well-known foreign
brands, legal protection is in accordance with applicable regulations even though
there are several obstacles that often occur, law enforcement is not optimal ,
inadequate facilities and amenities, weak public legal awareness, and economic
factors.
Collections
- Master of Law [1540]
