Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Legal Protection for Registered Mark Owners Through the Application of Criminal Mark Law

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312458,
        author={Subianto  Subianto},
        title={Legal Protection for Registered Mark Owners Through the Application of Criminal Mark Law},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={legal protection trademark crime},
        doi={10.4108/eai.14-4-2021.2312458}
    }
    
  • Subianto Subianto
    Year: 2021
    Legal Protection for Registered Mark Owners Through the Application of Criminal Mark Law
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312458
Subianto Subianto1,*
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: ssubianto@yahoo.com

Abstract

Legal protection against trademark piracy has become a concern today. Counterfeiting of a mark or unauthorized use of a mark against a well-known mark does not only constitute a criminal offense. Through the application of the criminal law on Marks which can affect legal protection for registered mark owners and how the Trademark Law regulates alternative sanctions to become cumulative, violations of the law become criminal acts. The method used in this research is descriptive legal research analysis which is carried out in an effort to obtain the necessary data in connection with the problem. The application and understanding of Article 91 of Law Number 15 Year 2001 concerning Marks, namely the use of a mark without rights which is essentially the same as a registered trademark owned by another person, is in accordance with the decision of either the District Court, High Court, Supreme Court Cassation to with different Supreme Court Reviews because of different perceptions and understandings of each. There needs to be a change in one of the clauses that originally stipulated alternative sanctions to be cumulative, namely by eliminating the word or the threat of punishment and initially breaking the law into a criminal act. Regarding the protection and application of the law on trademarks, by changing the complaint offense clause in the crime of Mark into a common crime.