AKIBAT HUKUM BAGI MEREK TIDAK TERDAFTAR

Abstract

Intellectual Property Rights (IPR) are rights that arise from human thought that produce a work, product, or method that is useful for life. A brand is a form of intellectual property that is recognized and protected by law. Like other property rights, the right to a brand can be transferred, inherited, or maintained by anyone who has the right. For consumers, a brand is an indicator of the quality and safety of a product, because they trust the reputation that has been built by the brand. In its development, the use of brands is no longer as simple as just giving a name to a product and displaying it so that it is easily recognized. Law Number 20 of 2016 concerning Trademarks, which has been amended through Law Number 6 of 2023 which stipulates the Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, regulates various types of brands as explained in Article 1 numbers 2 and 3, namely trademarks and service marks. To obtain legal protection, a brand must first be registered with the Directorate General of Intellectual Property (Ditjen HKI). So the legal impacts that arise if a brand is not registered are: No legal protection, Potential disputes, Cannot sue, Economic losses, Difficulty distinguishing products, Possibility of fraud and imitation, Inability to obtain compensation.