Riwayat: Educational Journal of History and Humanities
Vol 6, No 4 (2023): Educational, Historical Studies and Humanities

Protection of Famous Brands Based on Law Number 20 of 2016 Concerning Brands and Geographic and Trip's Indications Case Study Hakubaku.Ltd.Co

Prakoso, Donny Agus (Unknown)



Article Info

Publish Date
31 Oct 2023

Abstract

This research is aimed at finding out how well-known brands are protected by Indonesian legislation and international law, especially Trip's. The type of research used is normative or dogmative legal research because it does not study the implementation or implementation of law. Usually, the approaches that are often used in normative legal research as stated by Johnny Ibrahim are 7 (seven) approaches in the form of 1) Legislative Approach; 2) Conceptual approach; 3) Analytical approach; 4) Comparative approach; 5) Historical approach; 6) Philosophical approach; 7) Case approach. The research results show that legally brand protection in Indonesia refers to Law Number 20 of 2016 concerning Trademarks and Geographical Indications. Meanwhile, international legal protection is regulated through the TRIPs (Trade Related Aspect of Intellectual Property Rights) agreement, which is one of the 15 issues in the GATT (General Agreement on Tarof and Trade) agreement which regulates intellectual property rights issues globally. By referring to these two laws, legal authorities should easily decide whether there are cases of brand counterfeiting, such as in the Hakubaku case. And it can be concluded that the implementation of Law No. 20 of 2016 concerning Brands and Geographical Indications, and TRIP'S has not been optimal

Copyrights © 2023






Journal Info

Abbrev

riwayat

Publisher

Subject

Humanities Education Social Sciences

Description

The journal publishes writings on (1) History education, (2) History of Education,(3) Social Sciences Education, (4) Sociology Education, (5) Philosophy of history, (6) Historiography, (7) Humanities, and (8) ...