Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

Protection of Owners or Holders of Rights to Trademarks of Imported Goods in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312609,
        author={Elfi  Haris and Ok  Saidin and Ningrum Natasya Sirait and Maria  Kaban},
        title={Protection of Owners or Holders of Rights to Trademarks of Imported Goods in Indonesia},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={ipr trademark import customs and excise},
        doi={10.4108/eai.29-6-2021.2312609}
    }
    
  • Elfi Haris
    Ok Saidin
    Ningrum Natasya Sirait
    Maria Kaban
    Year: 2021
    Protection of Owners or Holders of Rights to Trademarks of Imported Goods in Indonesia
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312609
Elfi Haris1,*, Ok Saidin1, Ningrum Natasya Sirait1, Maria Kaban1
  • 1: Universitas Sumatera Utara
*Contact email: elfi.hariss@gmail.com

Abstract

International trade is increasing following advances in information technology and globalization. One of the violations of law that may occur in international trade is a violation of the rights to a trademark. This study aims at describing the legal protection of trademark owners or right holders in Indonesia. This study uses a normative legal research method with primary and secondary data sources. The findings show that the protection for the owner or holder of the rights to a trademark given by the Government of Indonesia in import transactions is still limited to goods traded for commercial purposes. Protection of consignments and passenger baggage has not been provided. In addition, government protection is also passive because it must be based on the owner or holder of the rights to a trademark application to the Commercial Court. Then the Commercial Court issues a suspension order to the Directorate General of Customs and Excise. Another mechanism is through the recording of the rights to a trademark (recordation) at Customs and Excise. This implies that there are two trademark registration mechanisms in Indonesia. The Indonesian government should change the rules for protecting trademarks, especially in international trade, so the trademark owners’ or holders’ rights and consumer rights are appropriately protected.