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Legal Protection of Famous Trademarks Under the Principle of Good Faith From a Legal Perspective in Indonesia Achmad Arrizal; Tasya Aura Octaviany; Sonia Fitri Anggrayani; Dudung Hidayat; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14547

Abstract

In the age of globalization, prominent brands play a crucial role in shaping customer identity and trust while enhancing product competitiveness in the global market. This paper examines the legal safeguarding of renowned trademarks in Indonesia, grounded in the principle of good faith as outlined in Law Number 20 of 2016 about Trademarks and Geographical Indications. This study employs normative juridical research methodologies to examine the preventative and repressive legal protection of renowned trademarks, alongside the implementation of the concept of good faith in trademark registration and utilization. The results show that although regulations have adopted protections for well-known brands, their implementation still faces various challenges, such as weak oversight and lack of legal certainty, which have the potential to harm rights holders and consumers. Therefore, to create effective and fair brand protection, the legal system must be strengthened by establishing a database of well-known brands, accelerating legal processes, educating the public, and collaborating across sectors.
Legal Review of Priority Watch List Status in Intellectual Property Infringement in Indonesia Amelia; Putri Rihadatul Aisy; Bunga Ghalia De Fidenza; Dudung Hidayat; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14635

Abstract

The development of international law reflects efforts to create a more just, peaceful, and stable global social order. Countries seek to protect so that people can enjoy fundamental rights, including intellectual property rights (IPR). However, in practice, violations of IPR are still rampant, including in Indonesia. The method employed is a normative juridical approach, involving an analysis of national laws and regulations, as well as international legal instruments that regulate the protection of IPR. The study's results show that, although Indonesia has a sufficient legal basis, challenges persist in aspects such as implementation, supervision, and coordination between institutions. The status of the Priority Watch List (PWL) provides pressure, while also presenting an opportunity for Indonesia to improve its laws, strengthen enforcement, and increase public awareness of respecting IPR in the digital era.
Legal Protection Against Trademark Label Substitution: Analysis Based on Law Number 20 Of 2016 Concerning Trademarks and Geographical Indications Nur Alma Azizah; Nandita Listia Aprilia; Leistiana; Dudung Hidayat; Raden Handiriono
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14736

Abstract

Replacement labels on products that use registered trademarks are a crucial issue in the protection of intellectual property rights, as stipulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. The method used is normative juridical research with a qualitative approach, through literature studies and interviews with legal experts and practitioners in the field of intellectual property. The study's results indicate that current regulations do not specifically address the protection of illegally modified brand labels, leaving legal loopholes that permit abuse. Although the Act grants exclusive rights to trademark owners and imposes the threat of sanctions against violators, its implementation remains limited due to the lack of adequate oversight mechanisms and weak law enforcement. In addition, dispute resolution in cases like this tends to be complex because it involves a complaint and requires difficult proof. At the same time, the litigation process is often time-consuming and expensive. Therefore, this study recommends the need for regulatory reform through more specific implementing regulations, such as Government Regulations on the Use of Trademarks by Third Parties, as well as increased public supervision and education on the protection of trademark rights to ensure legal certainty and justice for registered trademark holders.
Utilization of Film Copyright Through Digital Applications in Modifying Original Works: A Study of Film Novel Adaptations Ike Yulita; Akhmad Fadlan; Nurul Iza Ananda; Dudung Hidayat; Irma Maulida
Indonesian Journal of Business Analytics Vol. 5 No. 3 (2025): June 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijba.v5i3.14738

Abstract

The advancement of digital technology has transformed the creation and consumption of intellectual works. Digital applications facilitate the swift modification and adaption of original works, creating new potential but also presenting intricate legal challenges, especially concerning copyright. Original creations, whether music, photographs, films, or software, can be readily altered, amalgamated, and disseminated via diverse digital media. Legal certainty between the creator or copyright holder and an existing work affords comprehensive protection to the copyright owner. For instance, in derivative works, if an individual transforms a written novel into a film, they must adhere to the protocols set forth in the 2002 Copyright Law. This research employs the Normative Juridical methodology. The normative legal research method involves the examination of both written and unwritten positive laws. This is conducted through the examination of literary sources or secondary data. This research seeks to elucidate the constraints involved in converting an original work into a derivative work that retains copyright protection, while also examining the necessity of issuing licenses as a legal safeguard in the adaptation process, especially from novels to films in the digital age.