Legal Protection Toward Famous Brand as an Intangible Asset in Indonesia

Abstract

This study examines the legal protection based on positive law on the registration of famous brands in Indonesia. We carried out this study using statue and conceptual approaches. The study data were collected through library research, i.e. collecting the theories and legal protection provisions for brands and specifically for famous brands. Results show that legal provisions for famous brands protection in Indonesia are still vague, especially as stipulated in the Republic of Indonesia Law Number 20 of 2016 concerning Trademarks and Geographical Indication. From positive law aspect, registration of famous brands is protected by preventive and repressive measures. In Indonesia, an Independent institution functioning to inventory and determine a database and criteria for a brand is required. In addition, the Government Regulation after the issuance of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and between the Government and the community needs to be formulated and enforced.