TINJAUAN YURIDIS TINDAK PIDANA PERDAGANGAN DENGAN MENGGUNAKAN MEREK ORANG LAIN DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Abstract

The research objectives of this study are: 1) to examine and analyze the legal rules governing the criminal act of using the same brand as a registered mark belonging to another party, as well as what sanctions are given and the problems of law enforcement in handling cases of criminal acts regarding trademarks and geographical indications, so that it can to avoid overlapping authority or even irregularities, 2) To find out and examine the factors that cause the registration of a mark which is the same as a registered mark belonging to another party and the judge's consideration of the perpetrator of the crime of trading goods and/or products which are known to have a registered mark , in decision Number: 302/Pid.B/2019/PN.Srg and in decision Number: 224/Pid.Sus//2019/PN.Srg and, 3) To find out whether there are differences in the Judge's considerations regarding perpetrators of criminal acts of trading goods and /or products that are known to have a registered trademark. In this research, the method used is a qualitative research method which is descriptive analysis, with an empirical normative approach. With the research object of legal regulations which are linked to legal theories. The results of this research are: 1) the legal rules governing criminal acts of trading using other people's brands and are there any legal problems in handling cases of criminal acts of marks and geographical indications? 2) the factors that cause the registration of a trademark that is the same as a registered trademark belonging to another party and what is the judge's consideration of the perpetrator of the crime of trading in goods and/or products that are known to have a registered trademark, in decision Number: 302/Pid.B /2019/PN.Srg and in decision Number: 224/Pid.Sus//2019/PN.Srg. 3) Why is there a difference in the Judge's considerations regarding perpetrators of criminal acts of trading goods and/or products which are known to have registered brands, in decision Number: 302 / Pid.B/2019/PN.Srg and in decision Number: 224/Pid.Sus/ /2019/PN.Srg.

Keywords: Brand, consumer protection, law enforcement