LEGAL PROTECTION AGAINST BRAND PASSING OFF DUE TO VIOLATIONS BY BUSINESS ACTORS IN INDONESIA

Abstract

Intellectual Property is the result of someone's creation through their intellectual abilities. Copyrighted works can be in the form of inventions, written works and works of an artistic nature, symbols, names, images and designs which are generally used in trading activities. Intellectual Property can also be defined as ownership of ideas or information which are categorized as intangible objects as a result of someone's intellectual creativity which has economic value to own, use and prohibit the use of the idea or information in question. Legal protection for business actors who misuse the Passing Off Mark in Indonesia is carried out based on the principle that anyone who objects to a Mark which is deemed to have been registered illegally/in bad faith, can file a lawsuit for Mark cancellation. This principle is considered to fulfill a sense of justice, because it provides an opportunity to the party who first becomes the brand owner.

Keywords

• legal research
• rights protection
• brand