Juridical Analysis of MSME Trademark Holders Based on Law No. 20 of 2016 Concerning Brand Rights and Geographical Indications

International Journal of Sustainability in Research (IJSR) Vol. 2, No. 1 2024: 99-106 Juridical Analysis of MSME Trademark Holders Based on Law No. 20 of 2016 Concerning Brand Rights and Geographical Indications Eddy Ramon Torong1*, Adi Sulistiyono2 Master of Laws at Sebelas Maret University, Surakarta Corresponding Author: Eddy Ramon Torong ARTICLEINFO Keywords: Legal Protection, Trademarks, Law Received: 22, November Revised: 21, December Accepted: 30, January ©2024 Torong, Sulistiyono: This is an openaccess article distributed under the terms of the Creative Commons Atribusi 4.0 Internasional. ABSTRACT The legal protection given to trademark certificate holders is that the trademark is valid for 10 years and the only registered trademark owner has the rights to the trademark and cannot be changed without the trademark owner's permission. Law enforcement provided by the Trademark and Geographical Indications Law is criminal and civil. There are other alternatives, namely through arbitration and alternative dispute resolution with the concept of a win-win solution. DOI: https://doi.org/10.59890/ijsr.v2i1.1233 ( ISSN-E: 3025-7379 https://journal.multitechpublisher.com/index.php/ijsr 99 Torong, Sulistiyono INTRODUCTION Brands are an important element in the retail market in Indonesia. With this brand, consumers have the right to choose or buy products based on their judgment. Manufacturers need to create products with unique characteristics that can attract the attention of consumers. Based on international agreements, trademarks are a type of intellectual property right that is given legal protection. This is regulated in Article 1 paragraph 2 Aspects of Intellectual Property Rights Related to Trade or Trade Related Aspects of Intellectual Property Rights (TRIPS). Apart from trademarks, these regulations also cover several categories of intellectual property rights. Trademarks are part of intellectual property rights that wish to be registered and must comply with the requirements and procedures regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications/MIG Law. The purpose of trademark registration is to ensure that the trademark owner has clear legal protection and is fully protected by the state. If a problem arises regarding a trademark, the trademark certificate obtained can be used as legally valid evidence if the trademark or copyright holder has a trademark certificate registered with the authorized agency. A trademark is the exclusive right of the creator and arises automatically according to the declarative principle after the work has been created without restrictions by the provisions of laws and regulations and is implemented in concrete form. The creator and copyright holder are two different legal entities. Creators are individuals who, either individually or in groups, create original and personal works. Meanwhile, the copyright holder is the creator who owns the copyright, the party who legally obtains the rights from the creator or another party. The copyright owner obtains additional rights from the party who legally received those rights. The rights between creators and copyright holders are certainly different. Creators have moral and economic rights, and copyright holders have economic rights to their work. Trademark owners must register their marks by applicable legal requirements. This is to ensure that the brand owner has legal guarantees and protection for his brand. The MIG Law explains the requirements and procedures for applying for trademark registration. Once trademark registration is complete, the trademark owner is recognized as the legal trademark owner8. LITERATURE REVIEW The trademark owner then receives a trademark certificate from the Trademark Registry. Brand owners have rights and obligations regarding brand ownership. These rights and obligations arise when the trademark owner registers a trademark. These rights and obligations also benefit brand owners and consumers. Competition is very important to generate profits and gain a good reputation with consumers in the retail business. In some cases, this kind of competition can also be exploited by irresponsible parties, for example in fraudulent competitions known as passing off. Spoofing is an act that involves copying or imitating a registered trademark and may cause harm to the trademark owner. The Paris Convention defines misrepresentation as unfair 100 International Journal of Sustainability in Research (IJSR) Vol. 2, No. 1 2024: 99-106 competition or fraud. In this case, it is stated that all countries participating in the Paris Convention have the right to protect competition and fraud. METHODOLOGY The type of research that the author uses in this research is normative juridical. Normative juridical research is research that focuses on examining the application of rules or norms in positive law. RESULT AND DISCUSSION Legal protection is an important thing in life. No one in society can protect their rights and the lack of legal protection will become a new problem. According to Satipto Rahardjo, legal protection is the protection of human rights that are violated by other people, and this protection is provided so that people can enjoy all the rights recognized by law. Phillips M. Hudgeon said that legal protection is a means of protection by assisting legal subjects through various existing legal instruments. All communities acting as legal entities have the right to receive legal protection from the state. This legal protection is provided to the community without distinction of race, ethnicity, religion or culture. It cannot be denied that the state truly protects the rights and responsibilities of its citizens by providing adequate legal protection and responding to the needs and protection of each individual. The state provides legal protection to protect the public from abuse by law enforcers. Preventive legal protection is state legal protection that aims to prevent legal violations. This applies to legal regulations. In this case, legal subjects are given leeway to express their opinions before the government issues legal regulations. SM Oppressive Legal Protection is the ultimate form of legal protection. This protection applies in dispute resolution and violations are subject to sanctions in the form of fines, imprisonment and additional penalties. Laws that cover the interests of a society can help realize and protect those interests. The legal protection provided must be equal and must not contain elements that discriminate between communities. The law provides that all persons are entitled to fair and equal protection under the law. Check not only whether the conditions for obtaining legal protection are met, but also whether the conditions stated for obtaining protection for the incident that happened to you are fulfilled, based on the facts that occurred. The 1945 Constitution of the Republic of Indonesia states that everyone (...truncated)