Uti Possidetis: Journal of International Law
Vol 7 No 3 (2026): Oktober (In Progress)

Navigating Territoriality and International Harmonisation: A Comparative Study of Bank Trademark Protection Across Jurisdiction under the TRIPS Agreement

Gorda, Anak Agung Ayu Ngurah Sri Rahayu (Unknown)
Kurniawan, I Gede Agus (Unknown)
Samsithawrati, Putu Aras (Unknown)
Disantara, Fradhana Putra (Unknown)
Kapanadze, Maia (Unknown)
Sybelle, Jan Alizea (Unknown)



Article Info

Publish Date
20 Aug 2026

Abstract

Background: The globalization of financial services and the rapid expansion digital banking have intensified trademark disputes in the banking sector. This development challenges the territoriality principle of trademark law, as banking brands increasingly operate across jurisdictions without maintaining a physical presence. Although international instruments, including TRIPS, the Paris Convention, and the Madrid Protocol, establish a harmonised framework for trademark protection, enforcement remains fragmented owing to national sovereignty and the coexistence of sector-specific banking regulation. Methodology: This study adopts a normative legal research methodology employing both a functional comparative approach alongside a conceptual approach. It examines the legal frameworks governing banking trademark protection in Indonesia, South Africa, and Georgia, each representing a distinct institutional and regulatory context. Primary legislation and international legal instruments are analysed qualitatively through deductive legal reasoning and cross-jurisdictional functional comparative analysis. Objectives: This research aims to examine the regulatory framework and enforcement mechanisms of banking trademark protection in the three countries and assess their consistency with the international trademark standards. It further seeks to formulate an integrated regulatory framework capable of balancing territorial sovereignty with international legal harmonisation.  Findings: The findings indicate that all three countries have formally complied with international intellectual property instruments, significant institutional fragmentation and inadequate coordination between trademark authorities and banking regulators persist, particularly in relation to digital financial services. These shortcomings undermine the effectiveness of trademark protection and regulatory enforcement. Originality/Novelty: This research proposes an integrated model for banking trademark protection that incorporates a dual-gate verification system and digital brand monitoring as a preventive regulatory mechanism.

Copyrights © 2026






Journal Info

Abbrev

Utipossidetis

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Uti Possidetis: Journal of International Law is a peer-reviewed journal published by the Faculty of Law Universitas Jambi. It aims primarily to compile innovative research in the studies of International Law, facilitates professional discussion of the current developmnetas on international legal ...