Analisis Yuridis Hak Kekayaan Intelektual dalam Bidang Merek Industri

Abstract

This study aims to juridically analyze the legal protection of Intellectual Property Rights (IPR), specifically in the aspect of trademarks within the industrial sector. Trademarks are a critical part of Industrial Property Rights, serving as distinguishing identifiers between different products or services. Their presence plays a strategic role in business, as they not only add value to the owners but also protect consumers from unfair business competition. The research employs a normative juridical approach by examining prevailing positive laws, especially Law Number 20 of 2016 on Trademarks and Geographical Indications, along with various implementing regulations. The analysis focuses on the principles of trademark registration, the scope of exclusive rights granted to trademark owners, and the legal protection mechanisms, both preventive through registration systems and repressive through dispute resolution and law enforcement. The findings indicate that the trademark protection system in Indonesia has been comprehensively regulated to provide legal certainty for registered trademark owners. However, in practice, business dynamics often lead to disputes, notably involving substantial or overall similarity of trademarks. Such conditions demand deeper legal understanding and stricter application of regulations. Violations such as counterfeiting or using common words can cause harm to both the rights holders and consumers who lose trust in the products. Thus, this study emphasizes the importance of strengthening trademark registration systems and consistency in law enforcement. Increasing legal awareness among business actors and consistency in Commercial Court decisions in resolving trademark disputes are fundamental factors in creating effective IPR protection. This is expected to support the establishment of a healthy, competitive business climate that fosters innovation in the industrial sector.