Perlindungan Hukum Bagi Pemilik Merek Dagang Atas Penjualan Barang Palsu pada Platform Marketplace

Abstract

Nowadays technology changes is more advanced. One of the changes caused by the development of information technology is human behavior in realizing the results of their intellectual property. We can view intellectual property through online platforms easily. The Covid-19 pandemic has caused the sale of goods that were offline becomes online. Other than that, there are also a lot of counterfeit goods which has peaked on the marketplace platform. This research aims to gain an understanding of legal protection for brand owners and about legal actions that can be taken by them for selling counterfeit goods on the marketplace platform. The research method used is normative juridical. The results of this study are based on Law no. 20 of 2016 concerning on Marks and GI and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on EIT in order to obtain more comprehensive protection, trademark owners must first register their trademarks. In addition, efforts that can be made by trademark owners are taking actions such as making complaints to each marketplace platform, resolving alternative disputes, submitting requests for provisional decisions, civil lawsuits by requesting compensation, and criminal sanctions.

Legal Protection on the Brand Owners for Counterfeiting Brands Traded through Electronic Transactions on Online Marketplace Platforms (E-Commerce)

“…In Indonesia, the right to a trademark is considered an exclusive right based on Article 1 Number 5 of Law Number 20 of 2006 concerning Trademarks and Geographical Indications, which explains that the right to a trademark is an exclusive right granted by the state to the owner of a registered trademark for a certain period of time by using the Trademark itself or giving permission to other parties to use it. Thus, a brand owner who has registered his/her brand with the state and has received a certificate for that brand, means that the brand owner's rights have been protected and other parties cannot use the brand without the consent of the brand owner and misuse the brand (Utomo et al, 2021;Widyastuty & Widiana, 2022).…”

Trademarks Via E-Commerce Media and Their Protection

“…This requirement is a condition for sellers in carrying out buying and selling transactions. [2] Keep in mind that e-commerce has similarities with a conventional market that can provide various kinds of needs from consumers or needs from the community, but e-commerce can be packaged digitally or online. E-commerce as part of a virtual market where sellers and buyers can meet and can carry out various types of buying and selling transactions.…”