PERLINDUNGAN HUKUM MEREK DI INDONESIA SECARA PREVENTIF DAN PENEGAKAN REPRESIF BERDASARKAN UNDANG-UNDANG NO. 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Abstract

A brand is an intellectual property asset that plays a crucial role in economic and trade activities, serving as an identity for products or services, ensuring quality, and influencing consumer preferences. Legal protection of brands aims to create a fair and competitive business environment while safeguarding consumers and businesses, particularly MSMEs. This study examines the legal protection of brands in Indonesia, both preventively and repressively, based on Law No. 20 of 2016 on Trademarks and Geographical Indications. The research employs a normative method with a statutory approach. The findings indicate that preventive protection is implemented through brand registration under the first-to-file system, awareness and education programs (SIVIKI, IP Clinics, IP Goes to Campus, IP Goes to Market), market supervision, and licensing agreements to prevent violations, maintain brand reputation, and expand market reach. Repressive protection includes civil measures (claims for damages, cessation of infringement, destruction of goods, and brand cancellation), criminal sanctions (imprisonment of up to 10 years and fines up to IDR 5 billion), and alternative dispute resolution through mediation and arbitration. This protection aims to uphold the exclusive rights of brand owners, create a deterrent effect, and protect consumers. It is recommended to enhance awareness and education for MSMEs through digital platforms and improve the selectivity of substantive brand registration examinations to reduce potential disputes and strengthen a fair and competitive business climate in Indonesia.