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Eza Aulia
Program Studi Ilmu Hukum Universitas Teuku Umar

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PERLINDUNGAN HUKUM MEREK SEBAGAI IDENTITAS PRODUK: ANALISIS EMPIRIS TERHADAP USAHA MIKRO, KECIL DAN MENENGAH DI KABUPATEN ACEH BARAT Dara Quthni Effida; Adella Yuana; Putri Kemalasari; Eza Aulia
Jurnal Yuridis Vol 13 No 1 (2026): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v13i1.12929

Abstract

Brand is a product's identity and serves as the initial capital for business development for Micro, Small, and Medium Enterprises (MSMEs), making it easier for consumers to recognize and choose products as an alternative among many available in the market. Therefore, legal protection for product identity becomes a strategic instrument. This is regulated in Article 3 of Law Number 20 of 2016 concerning Brands and Geographical Indications. However, in practice, there is an imbalance between the total number of MSMEs and the number of MSMEs whose brands are registered in West Aceh. The problems in this research are the implementation of legal protection for MSME brands and the obstacles in MSME brand protection in West Aceh. The research method is empirical-juridical, conducted by examining secondary and primary data. Legal protection for brands can be obtained by MSME actors when their product brand is registered with the Directorate General of Intellectual Property (DJKI). This registration is concrete proof of the value of legal certainty, as only registered brands are judicially recognized. The obstacles to its protection include: a) Lack of MSME Understanding of the Importance of Brand Protection, b) High Brand Registration Fees, c) Brand Registration Procedures Considered Complicated, d) Low Level of Compliance with Intellectual Property Rights (IPR), and e) Limitations of Human Resources and Infrastructure in MSME Brand Registration. The Regional Government can conduct measured and scheduled socialization to increase brand registration for MSMEs for the purpose of protection and increasing regional economic value.