ANALYSIS OF LEGAL PROTECTION ON THE RIGHT TO INTELLECTUAL PROPERTY IN INDONESIA

Turangan, Jolly and Tumiwa, Kiet (2018) ANALYSIS OF LEGAL PROTECTION ON THE RIGHT TO INTELLECTUAL PROPERTY IN INDONESIA. Prosiding ICAST. pp. 403-409.

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Abstract

Lack of knowledge of the Indonesian people especially the owners of Intellectual Property Rights for certainty and legal protection of Intellectual Property Rights because in practice the brand holders often experience obstacles, including among others limited information to the public about trademark registration, and limited human resources both from brand inspectors, as well as law enforcement officers. In order to provide certainty and legal protection Indonesia as a member of the WTO has ratified the agreement on TRIP's (Trade-Related Aspects of Intellectual Property Rights) which specifically regulates matters relating to Intellectual Property Rights. In addition the government along with the House of Representatives the Republic of Indonesia, considers it necessary to optimize the Trademark Law No. 15 of 2001 because there are provisions that must be adjusted to the TRIP's Agreement. The method used in data collection, namely through literature studies, articles both print and electronic media, brand laws, and government regulations, which relate to legal protection, against previous brand holders. The results of the study show that in providing legal protection to brand holders it can be done by optimizing the implementation of the Brand Law No. 15 of 2001 enhancing the ability of brand inspectors, law enforcement officers in understanding the protection of intellectual property rights, especially brand holders, the use of information technology about brands, cancellation of trademark registration on the basis of bad faith by the Directorate General of Intellectual Property Rights the refusal of the extension of legal protection against brands that have been registered without rights in bad faith.

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