JHCLS
Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System

Trademark Protection Regulations for MSMEs in Advancing an Equitable Creative Economy

Anis Mashdurohatun (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Tri Atika Febriany (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Jentung Wisnu Murti (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Seftia Azrianti (Faculty of Law, Universitas Islam Sultan Agung, Semarang)
Mustafa Khedewi (Faculty of Sharia and Law, Al-Azhar University, Cairo)



Article Info

Publish Date
02 Aug 2026

Abstract

Trademark protection for Micro, Small, and Medium Enterprises (MSMEs) is essential to ensuring legal certainty, enhancing business competitiveness, and fostering an equitable creative economy. However, Indonesia's current trademark legal framework remains insufficiently responsive to the distinctive needs and characteristics of MSMEs. This study aims to examine the shortcomings of the current trademark protection framework applicable to MSMEs and to formulate an ideal regulatory model capable of supporting the development of an equitable creative economy. Adopting a socio-legal research method with statutory and conceptual approaches, this study finds that trademark protection for MSMEs remains inadequate due to the implementation of the first to file principle, the absence of affirmative legal protection, weak institutional coordination, limited access to legal assistance, and the ineffectiveness of trademark infringement enforcement mechanisms in the digital era. Accordingly, reconstruction of the trademark protection framework is necessary through a justice oriented regulatory model that integrates affirmative protection for MSMEs, institutional strengthening, and digital law enforcement in order to ensure legal certainty, substantive justice, and sustainable economic development.

Copyrights © 2026






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...