Perlindungan Hukum Atas Dugaan Tindak Pidana Pemalsuan Merek Bagi Usaha Mikro, Kecil dan Menegah

Abstract

Legal protection of a brand is very important so that it is not used by other parties illegally such as forgery, imitation which can create unfair trade competition and ultimately harm the brand owner. Often, trademark disputes arise due to parties who do not have good intentions who deliberately register well-known or profitable brands, for the purpose of piggybacking on popularity or seeking monetary compensation/damages in the future. The purpose of this study is to determine and explain legal protection for alleged criminal acts of trademark forgery for MSMEs and legal sanctions for alleged criminal acts of trademark forgery. This study uses normative legal research which is a study of the principles, concepts, and rules of law. The approach used in this study is the Law approach and the case approach which is carried out by examining the Laws and regulations related to the legal issues being handled. Based on legal analysis, preventive legal protection for victims of trademark forgery is the registration of the trademark to guarantee their rights as brand owners. Furthermore, repressive protection for perpetrators at the dispute resolution level is the application of the principle of presumption of innocence and the principle of a fair trial as their rights before the law. Meanwhile, repressive legal protection for victims is the processing of victim complaints until a court decision is made that provides a deterrent effect for perpetrators of brand counterfeiting. Legal sanctions for alleged criminal acts of brand counterfeiting are if the criminal elements of brand crimes have been fulfilled, then the criminal sanctions as regulated in Article 100 of Law Number 20 of 2016 concerning Brands and Geographical Indications.