Diponegoro Law Review
Vol 10, No 2 (2025): Diponegoro Law Review October 2025

DECONSTRUCTING TRADEMARK AUTHENTICITY: A COMPARATIVE STUDY OF LEGAL INTERPRETATIONS IN INDONESIA, OMAN, AND THE PHILIPPINES

I Gede Agus Kurniawan (Faculty of Law, Universitas Pendidikan Nasional)
Ni Made Dyah Sukasmini Merthada (Faculty of Law, Universitas Pendidikan Nasional)
I Made Wirya Darma (Faculty of Law, Universitas Pendidikan Nasional)
Ni Gusti Agung Ayu Mas Tri Wulandari (Faculty of Law, Universitas Pendidikan Nasional)
Souad Ahmed Ezzerouali (Faculty of Law, Dhofar University)
Princess Alyssa Tee-anastacio (Our Lady of Fatima University)



Article Info

Publish Date
31 Oct 2025

Abstract

This study examines the concept of trademark authenticity in Indonesia, Oman, and the Philippines through Jacques Derrida’s deconstruction theory. In trademark law, authenticity is commonly perceived as a stable attribute of a product and its origin. However, this notion is contested by the varying ways national legal systems apply trademark law. In this pluralistic context, authenticity is not a fixed legal fact but a matter of interpretation. By employing Derrida's theory, this research investigates how the meaning of authenticity is constructed, destabilized, and reconstructed across different intellectual property frameworks. It also explores how each country's legal system addresses or resists the inherent instability of trademark meanings. Using a comparative legal analysis, doctrinal research, and a post-structuralist interpretive approach, the study finds that in Indonesia, authenticity is closely tied to consumer perception; in Oman, it is linked to origin and moral identity; and in the Philippines, fairness and commercial honesty play a significant role. The novelty of this research lies in its assertion that brand authenticity is a legal construct subject to reinterpretation, challenging the notion of fixed legal definitions. The findings urge a reconsideration of national intellectual property systems, advocating for a more flexible, culturally situated view of brands that accommodates the evolving global context. This study also reveals that the legal understanding of trademark authenticity in these jurisdictions is shaped by a logocentric and hierarchical legal structure, opening space for critique of the dominance of a single legal narrative over diverse social realities. A limitation of this study is its reliance on conceptual analysis without empirical data, suggesting the need for further research through case studies to strengthen the findings.

Copyrights © 2025






Journal Info

Abbrev

dlr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Diponegoro Law Review (Diponegoro Law Rev. - DILREV) is a peer-reviewed journal published by Faculty of Law, Diponegoro University. DILREV published two times a year in April and October. This journal provides immediate open access to its content on the principle that making research freely ...