Greenation International Journal of Law and Social Sciences
Vol. 2 No. 4 (2024): (GIJLSS) Greenation International Journal of Law and Social Sciences (December

Legal Perspectives on Intellectual Property Rights Cases Related to Language Rhetoric in Trademark Registration

Gevan Naufal Wala (Faculty of Law, Tarumanagara University, Jakarta, Indonesia)



Article Info

Publish Date
04 Jan 2025

Abstract

This study analyzes the legal implications of Article 12 of the proposed Language Bill (RUU Bahasa) on trademark regulations in Indonesia, particularly its potential conflict with Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The research employs a normative legal research methodology with an analytical and conceptual approach. The findings reveal that Article 12 of the Language Bill, which mandates the use of Indonesian language in trademarks, potentially violates existing trademark regulations, specifically Article 61 Paragraph (2) letter b of Law No. 15 of 2001. This requirement to change registered trademarks to Indonesian language could create legal uncertainty and adversely affect trademark owners' rights. Furthermore, the study indicates that such mandatory language requirements might negatively impact Indonesia's business and investment climate. The research concludes that harmonization between the Language Bill and existing trademark laws is crucial to maintain legal certainty and protect trademark owners' rights while supporting sustainable economic growth in Indonesia.

Copyrights © 2024






Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...