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Journal : LAW REVIEW

Legal Protection for Unregistered Clothing Design on Marketplace: Comparison Between the Indonesian and the UK Law Nuzulia Kumala Sari; Emi Zulaika; Rania Devayanti
Law Review Volume XXII, No. 2 - November 2022
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v0i2.5982

Abstract

The industrial design protection system in Indonesia uses registration requirements, without registration, there is no protection. This is in contrast to the UK’s existing industrial design protection system, where the UK implements two protection systems, namely the registered design right or unregistered design right. This unregistered protection system is used in products that do not last long on the market such as fashion products and as an alternative for companies to test design prospects on the market. Unregistered protection systems are also used as design protection alternatives to prevent copying or plagiarizing of designs that do not yet have registration numbers. This article will discuss the following issues: 1) The legal protection of Korean pop idol clothing designs is reviewed based on Indonesian and English laws; and 2) The urgency of legal novelty in the industrial design law in Indonesia. In this study, the legal research method used is normative legal research with an approach through statutory regulations, a conceptual approach, and a comparative approach. The legal materials used are primary legal materials and secondary legal materials. The conclusion is that the industrial design protection system in Indonesia still has to go through the registration process, this is irrelevant to products or goods that cannot last long in the market because trends change easily. This is different from that in the UK where it implements an unregistered design right system where industrial design rights are obtained automatically.
Legal Protection for Eco-Friendly Product Consumer Losses Due to the Practice of Greenwashing Balqis, Tazkia; Widiyanti, Ikarini Dani; Zulaika, Emi
Law Review Volume 23 No. 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.6915

Abstract

This research refers in connection to the high tendency of demand for green products which has led some business actors that carry out covert promotions to deceive green consumers through false claims of being environmentally friendly where the implementation is contrary to Law Number 8 of 1999 about Consumer Protection in Indonesia and strategic policies regarding realized by the Government of Indonesia through the RPJMN 2005-2025 about Sustainable Consumption and Production (SCP). This article will discuss legal protection arrangements for eco-friendly product consumers and identify the losses and responsibilities of business actors who have carried out greenwashing practices toward green consumers based on doctrinal research (normative juridical) with a statutory and conceptual approach. The purpose of this article is to find out the norms of legal protection for green consumers and increase awareness about the practice of greenwashing. The findings showed the losses experienced by green consumers as a result of greenwashing are material and immaterial costs, while the existence of green consumers is protected by environmental protection and management law, consumer protection law, and eco-label policy.
Legal Protection for Eco-Friendly Product Consumer Losses Due to the Practice of Greenwashing Balqis, Tazkia; Widiyanti, Ikarini Dani; Zulaika, Emi
Law Review Volume 23 Issue 2 (November 2023)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v23i2.6915

Abstract

This research refers in connection to the high tendency of demand for green products which has led some business actors that carry out covert promotions to deceive green consumers through false claims of being environmentally friendly where the implementation is contrary to Law Number 8 of 1999 about Consumer Protection in Indonesia and strategic policies regarding realized by the Government of Indonesia through the RPJMN 2005-2025 about Sustainable Consumption and Production (SCP). This article will discuss legal protection arrangements for eco-friendly product consumers and identify the losses and responsibilities of business actors who have carried out greenwashing practices toward green consumers based on doctrinal research (normative juridical) with a statutory and conceptual approach. The purpose of this article is to find out the norms of legal protection for green consumers and increase awareness about the practice of greenwashing. The findings showed the losses experienced by green consumers as a result of greenwashing are material and immaterial costs, while the existence of green consumers is protected by environmental protection and management law, consumer protection law, and eco-label policy.