Adfiyanti Fadjar
Fakultas Hukum, Universitas Tadulako, Indonesia

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Analisis Perlindungan Hukum Merek di E-Commerce Berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis: Studi Perbandingan Indonesia, Singapura, dan Tiongkok Ade Wulandari; Adfiyanti Fadjar; Aifan .
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 4 No. 1 (2026): Juli - Agustus
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/jkhkp.v4i1.2335

Abstract

The rapid growth of digital trade through e-commerce on the one hand provides many conveniences for businesses and consumers, but on the other hand opens up space for various forms of trademark violations, ranging from product counterfeiting, cybersquatting, brand dilution, to passing off. This article discusses two main issues, namely how legal protection for brands in e-commerce transactions according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, and how it compares with regulations in force in Singapore and China. This research uses a normative juridical method with a statutory and conceptual approach. The results of the study indicate that brand protection in Indonesia is pursued through preventive channels in the form of trademark registration and repressive channels in the form of civil lawsuits and criminal charges, with the option of resolving disputes through litigation and non-litigation. From a comparative perspective, Indonesia and Singapore do not yet have specific regulations that explicitly regulate brand protection in the e-commerce realm, but the Singaporean legal system is relatively more adaptive because it adheres to the common law system and has been integrated with international standards. China, on the other hand, has its own legal framework, the E-Commerce Law of the People's Republic of China, which explicitly regulates the obligations and responsibilities of platform operators. This article recommends the need for regulatory updates in Indonesia to specifically address brand protection in the digital realm and the responsibilities of e-commerce platform operators.