LEGAL PROTECTION OF FAMOUS MARKS IN RELATION TO
UNFAIR BUSINESS COMPETITION
Introduction
Nowadays, the economy and its development need to be regulated and controlled by law so
that there are no more violations of existing rules in United States. Legal regulation of the
economy must be controlled so that there is no deviation from the ideals of this nation's
development. Laws or rules are created so that society remains within the rules or corridors of
the regulated law. In essence, the rule of law in the field of trade and the economy has not
fully regulated this matter (Ardian, 2008). Meanwhile, the rule of law is always changing to
adjust to current conditions.
The reality today is that brands are an important element of intellectual property, which is
born from ideas or the human mind itself (Sufiarina, 2019). Brands are basically attached to
goods or services. Brands as a form of strategy in the business world, the more famous the
brand, the more enthusiasts in the community and the increased production of goods and
services of the brand. This is a reflection of the growing economic improvement in the order
of life in society.
A well-known brand is a brand that is very beautiful, shining and when seen everyone
wants to use and have a product produced by the brand and when used directly justifies that
the brand user is certainly from the upper middle class or the socialites (Riswandi, 2006: 78).
Well-known brands are basically brands that have been embedded in products that are
officially traded in United States. Most well-known brands have been consumed by the wider
community. A well-known brand has become a basic necessity for the middle and upper class
community.
Business actors in making products to become a brand and known by the wider
community should register a brand of goods or services that are traded (Darusman, 2016).
This is as mandated in Law Number 20 Year 2016 on trademarks and geographical
indications in Article 3. If the trademark has been registered, it will get recognition from the
State and get certification of the trademark that has been registered.
The main purpose of trademark registration is to obtain legal recognition so that no one
fakes. But in reality in the community there are a lot of famous trademarks that are supplied
and traded in the midst of United States society. From the explanation, the problems in this
research are: 1) How is the regulation of famous trademarks in United States? 2) How is the
legal protection of well-known trademarks related to unfair business competition in United
States. This research is conducted to reveal the regulation of well-known trademarks in
United States. and to find out whether the law has accommodated well-known trademarks so
that there are no more ignorant hands who want to seek profit by violating the rules enacted in
United States so that it can harm business actors and the public users of well-known
trademark products.
In addition to being part of the information or socialization to the public to be able to
understand the rule of law and unfair business competition, this research also presents ideas
and provides understanding in the field of law, especially in terms of well-known trademarks
and can be used as a reference for legal science activists in United States related to the legal
protection of well-known trademarks in United States.
In relation to trademarks, this research examines two legal issues, namely the regulation of
well-known trademarks in United States and the legal protection of well-known trademarks
associated with unfair business competition in United States.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
Research Methods
In this research the author uses the type of normative legal research. Normative legal research
is legal research that examines written law from various aspects, namely aspects of theory,
history, philosophy, comparison, structure and composition, scope and material consistency of
general explanations and article by article, formality and binding of a law, and legal language
used. In accordance with the legal research used, namely the normative legal research
approach, the problem approach used is the basis of conceptual and statutory approaches.
In this research, the statute approach and conceptual approach are used. The statutory
approach is an approach that is carried out various legal rules relating to the protection of
trademarks and unfair business competition. Conceptual approach is an approach that departs
from the views and doctrines that develop in the legal science. This approach is important
because an understanding of the views or doctrines that develop in legal science can be a
foothold for building legal arguments when resolving legal issues at hand. Views or doctrines
will clarify ideas by providing legal notions, legal concepts, and legal principles that are
relevant to the problem.
Primary legal material which is the main legal material in this research. Primary legal
materials are library materials that include legislation, literature books, scientific works,
articles, and documents related to the research material. The laws and regulations related to
this research are Law Number 20 of 2016 concerning Trademarks and Geographical
Indications, Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and
Unfair Business Competition. Secondary legal materials that provide explanations of primary
legal materials, such as research results, scientific works of scholars, articles, electronic files,
websites, books related to the subject matter in this study. Tertiary legal materials, which are
materials that provide guidance and explanations of primary and secondary legal materials,
for example legal dictionaries, large United States dictionaries, English dictionaries, Dutch
dictionaries, and so on.
Legal materials were collected through inventory procedures and identification of laws and
regulations, as well as classification and systematization of legal materials according to
research problems. Therefore, the data collection techniques used in this research are
literature study and document study. Literature study is the study of written information about
the law that comes from various sources and is widely published and is needed in normative
legal research. Document study is an assessment of written information about the law that is
not published in general, but can be known by certain parties. Assessment and analysis of
written information about the law that is not published in general in the form of documents
related to the subject matter of this research.
Based on the type of legal material obtained, the research uses the deductive method in
analyzing data, namely the method of analyzing laws and regulations as a general matter, then
drawing conclusions that are specific. Furthermore, it is discussed, compiled, described with
interpretation techniques, and studied the problem so that a conclusion is obtained to solve the
problem.
Results And Discussion
Regulation of Famous Brands in United States
Trademarks are usually in the form of images or names for marketing purposes and attract
consumers to use their products. Business actors who are aware of the rule of law will register
a product to obtain legal certainty of the brand to be marketed that serves as branding or
promotion. Business people usually register the brand to prevent other parties from using the
brand and prevent counterfeiting of a product produced from the brand. It is certain that all the
efforts and rules made require time, energy and money as a sacrifice (Prakoso, 1987: 42).
Brand is the spearhead of trade in goods and services. In line with this, entrepreneurs use
brands to always maintain the best quality of a product that is issued both goods and services
that are circulated in the market. Goods and services that The result is certainly to prevent
other parties in unfair business competition that sengaca profiteering a well-known trademark
to benefit themselves by plagiarizing or falsifying the trademark. Trademark as a means of
marketing and advertising (a marketing and advertising device) provides a certain level of
information to consumers about the goods and / or services produced by entrepreneurs.
(Jened, 2007: 160-161).
In trademark law, trademarks are divided into 2, namely trademarks and service marks as
stipulated in Article 2 paragraph (2) of the Trademark Act is as follows:
Trademark is a brand that is used on a product that is traded in the community by business
actors and used as a necessity in supporting activities and lifestyles, usually trademarks
here are well-known brands and are synonymous with luxury and expensive goods;
Service Brands are brands engaged in services or services in the community in addition to
trademarks or goods products. Service marks function as a differentiator from other
services that are in the midst of society.
According to Arie Siswanto, competition law is a legal instrument that determines how
competition should be conducted. (Hermansyah, 2008: 1). Business competition in principle
must be healthy, but in reality, unfair business competition occurs a lot in today's society.
They seek profit from the results of violating the law by falsifying products, imitating,
plagiarizing and selling illegally without passing the applicable procedures. With this unfair
business competition, the one who is greatly harmed and feels the impact is the community
itself.
Legal Protection of Well-known Trademarks
Legal protection should protect the people who are disadvantaged against unfair business
competition, the purpose of such protection is useful for the community in order to use
products that are useful and in accordance with applicable rules. In principle, legal protection
as a legal measure provided by the State that aims to provide a sense of justice, both
intellectually and interference from other parties who want to use the trademark in question
for the interests that are not good even detrimental to business actors and society (Rahardjo,
2000: 74).
Legal protection as a perventive and repressive action from bad behavior and protect from
arbitrary rulers by not running the rule of law made and applicable in United States, which
should be the ruler should provide protection to maintain order, comfort, peace for businesses
and people who use the brand product with the aim to be used and enjoyed by the products
purchased by the community itself (Setiono, 2004: 3).
In the rule of law in United States, legal protection is divided into 2, namely (Ishaq, 2009:
43):
Preventive Legal Protection is a protective effort provided by the authorities aimed at
preventing the occurrence of an offense. As contained and regulated in the legislation in
force in United States with the aim of preventing the occurrence of something that is very
detrimental to the business owner of the trademark that has been registered.
Repressive Legal Protection is the last legal remedy in the event of a violation in
accordance with the procedures and rules stipulated in the legislation, if a dispute occurs,
it can be sued both criminally and civilly.
Legal certainty in positive law in United States must provide a sense of justice for all
groups with the aim of the community getting security and comfort. Security and peace must
be built in accordance with the ideals of the law that has been regulated in the state, not a state
that wants to do whatever it wants without thinking about security, comfort and peace for the
entire community. In law enforcement that has a sense of justice, it must pay attention to 4
elements (Ishaq, 2009: 43):
Legal certainty (Rechtssicherkeit)
Benefit of law (Zeweckmassigkeit)
Legal justice (Gerechtigkeit)
Legal guarantee (Doelmatigkeit).
Law in providing protection can be through certain ways, among others, namely by
(Sasongko, 2007: 31):
Making regulations (by giving regulations), aims to:
provides the rights and obligations of both the community as a user of the brand and
the business actors who want to sell their products;
guarantees a sense of fairness and benefit to the product;
Enforcing regulations (by law enforcement) through:
State administration such as carrying out very strict requirements in issuing licenses
and conducting direct supervision of business actors and directly reviewing the
manufacture of products that will be marketed as feasible and safe for consumption by
the wider community if they violate the requirements can be dealt with directly by
revoking all business licenses owned;
Criminal law that functions to provide a deterrent effect for individuals who harm the
community and the government by violating applicable criminal rules by providing
criminal sanctions;
Civil law that serves as a protection of rights to the injured party and demands
commensurate compensation for harming his business.
Justice in the community has not been fully felt because there are still interests from office
holders who prioritize themselves and their groups. Of course, this hurts the feelings of the
community, moreover in certain cases it seems that the community is forced to use products
that are basically not needed by the community or the community does not want to use the
product but wants to buy another brand according to their needs and abilities.
A sense of justice in society can be achieved if the rule of law in United States has a
nurturing nature, provides a sense of security and provides justice in favor of the community,
this is reflected in the rule of law made by the authorities that are preventive and repressive.
As for preventive protection as a shield before a crime or offense occurs, while repressive
protection is the last resort if a violation occurs so that the settlement is in the Judiciary.
Conclusions
The rules of well-known trademarks explicitly regarding the notion of well-known trademarks
have not been clearly explained in United States regulated in Act No. 20 Year 2016 on
trademarks and geographical indications but implicitly well-known trademarks exist in the
Trademark Act. Legal protection of registered trademark rights owners from the efforts of
ignorant hands who want to benefit themselves by plagiarizing or falsifying the brand of
goods and services by way of trademark registration at the Directorate General of Haki that
has been determined in order to obtain certification and no similarity with the trademark that
has been registered. Legal remedies that can be taken against violations by revoking business
licenses and provide compensation for victims and report in order to be prosecuted according
to criminal law.
