The Development of Economic Right Principle Implementation of Trademark Right in The Covid-19 Pandemic Era

ANDALAS INTERNATIONAL JOURNAL OF SOCIO-HUMANITIES- VOL. 3 NO. 1 (2021) Available online at : http://aijosh.lppm.unand.ac.id/index.php/aijosh/ Andalas International Journal of Socio-Humanities | ISSN 2715-601X (Online) | Article The Development of Economic Right Principle Implementation of Trademark Right in The Covid-19 Pandemic Era Najmi1, Delfiyanti2 1,2 Faculty of Law, Universitas Andalas, Indonesia ARTICLE INFORMATION A B S T R A C T Received: April 21, 2021 The pandemic of Covid-19 that struck since beginning of 2020 had an enormous impact to the whole states in the world including Indonesia. The pandemic was bring worst influences to the economic and trading. The deadly disease automatically was paralyze an economy and trading. It is caused by restriction of people to drive and influences the product movement. Temporarily, export-import activities delayed as restriction of transportation entry among the states. Finally, Indonesia forced close for in and out flight of territory. The situation influence to the implementation of Economic Right of trademark right attach to the import and export products in Indonesia. By the reasons, the study categorized by, first, the development of Economic Right principle implementation of trademark right in the pandemic era. Secondly, the challenge and effort an implementation of Economic Right principle of trademark right in trading at pandemic era. The study uses normative law method by literature study of related material and the data analysis uses qualitative. According of Act No. 20 of 2016, involves Trademarks and Geographical Indications, the trademark right is an exclusive one granted by the state to the owner for a registered brand for a certain period by using the mark or giving permission to other parties for it. However,it is difficult in current conditions to introduce a new trademark to society amid a weak economic situation so that most recognized trademark will be better able to survive amid the economic downturn in the covid-19 pandemic era. The situation result in violation of trademark ownership when a product is given a label from a previously brand so that a lawsuit can be filed. An interested party may file a lawsuit for the cancellation of a registered trademark and the cancellation submitted to the Commercial Court against the owner of the registered trademark. Revised: July 03, 2021 Available online: July 15, 2021 KEYWORDS Development; Economic Right Principle; Trademark and Covid-19 Pandemic Era CORRESPONDENCE E-mail: 47 Attribution-NonCommercial 4.0 International. Some rights reserved ANDALAS INTERNATIONAL JOURNAL OF SOCIO-HUMANITIES- VOL. 3 NO. 1 (2021) INTRODUCTION As an intellectual product, trademark play an important role for continuity and increases good and service transaction of trading and investment. Trademark with the image can accomplish the customer demand for the important sign or distinguish and guarantee for good and service qualities in the competition atmosphere. Therefore, trademark is en aconomic asset to the owner, individual or collective (corporation) that will bring a huge benefit. For importance, it is attached legal protection to the brand, an object in correlation with individual or corporation rights. The decision based trademark protection including protection against piracy has become a concern in both countries and the world. Initially, thiscase viewed bycounterfeiting-based problems. Currently, The use of recognized trademark has flourish, this is because promising benefits when using it rather than own brands. Especially,inextended economic crisis such as present, many producers have come up by combining an original branded product with pirated ones, as physically it similar to the original. There are many reasons why industries use recognizedbrands for the products—easy to sell, besides it don’t have to registration at the Director General of Intelectual Property Rihgts or spend a lot of money to build the image of products. They don’t have to establishsa research and development division to produce an up to date product, justcopies other products and in marketing the “dealers” ready to accept for it. Economically, use thefamous brands brings considerable profits and it proven, moreover it also supported by the purchasing power of mediocre consumers who want to appear trendy. Bythe legal aspect, it is unacceptableas Indonesia has ratified the International Convention on TRIPs and the WTO which was promulgated in Act No.7 of 1994 in accordance with the international agreement that on January 1st 2000 Indonesia had to implement all the agreements in TRIPs (Trade Related Aspects of Intellectual Property Right, Including Trade in Counterfeit Good), as the implementation of all the provisions is a consequence of the member of the WTO (Word Trade Organization). It is irrefutable that in current trading, trademark is a human intellectual property form which has decisive role due to the use in organization, however, it is also comprisesany legal aspects for owner, brand holderor public as userof goods or services of certain brands. Trademark plays an important role for continuity and increases good and service transaction of trading and investment. Trademark with the image can accomplish the customer demand for the important sign or distinguish and guarantee for good and service qualities as it a kind of “initial seller”of product for consumers. In the competition era, the products entry from abroad to Indonesia cannot be restricted because the phenomenon has been predicted by Kanichi Ohmae, “that in the future the world cannot be restricted by anything” and it is to be true. As the asset trademark will be able to generate large profits when utilized by consideringa business aspects and good management. By increasing importance of role of trademark, it is necessary to put the legal protection on a trademark, namely as an object related to the rights of individuals or legal entities. Actually, the top brand preceded by a reputation and good will as usual that is attached to the fame. The high “good will” brand be able to provide extraordinary benefits to the company, even though is actually intangible. It will be transformed into a capital asset based solely on good will; according to Lendsford, it is stated that a company with high reputation brand will have extraordinary wealth assets based solely on the good will of brand. 48 ANDALAS INTERNATIONAL JOURNAL OF SOCIO-HUMANITIES- VOL. 3 NO. 1 (2021) Branded good or services are advertised and sold beforehand with each other, albeit the good or service is not available physically in particular market. Modern dissemination and advertising media are becoming increasingly unrestricted by boundaries given the sophistication of communication technology and the frequency when the people travel across the globe. The owner of a branded good or service takes advantage of various events that many people watching it to (...truncated)