Perlindungan Hukum Kekayaan Intelektual terhadap Replikasi Merek dalam Menjamin Keadilan dan Kepastian Hukum

Abstract

This study discusses the importance of legal protection of intellectual property, particularly trademarks, in response to the growing prevalence of brand replication or imitation practices that harm rights holders and create legal uncertainty. The purpose of this research is to evaluate the effectiveness of legal protection provisions under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, while also identifying the obstacles encountered in its implementation in Indonesia. The research employs a normative legal method using both statutory and conceptual approaches. The findings reveal that weaknesses still exist in the implementation of trademark law, especially in proving elements of trademark similarity and in the weak enforcement of sanctions against trademark infringements. Such conditions hinder the realization of legal certainty and justice for legitimate trademark owners. Therefore, strengthening regulations, enhancing the effectiveness of law enforcement institutions, and improving public legal awareness are essential to foster understanding of the importance of intellectual property protection.