Perlindungan Hukum Bagi Pemegang Merek Terhadap Pemalsuan Merek Fashion

Abstract

Trademark as one manifestation of intellectual property has an important role for the smooth and increased trade in goods and services in the trade of goods and investment. As for the problems in writing this thesis, What about legal protection for trademark holders against falsification of fashion brand violations? This research uses normative research methods. Another name for  normative law  is  doctrinal law  research, also referred to as document library research or document study. This study uses a statutory and conceptual approach. Existing legal protection also applies to trademark holders as protection provided to legal subjects in the form of both preventive and repressive legal instruments. Settlement of legal violations of registered trademarks, is in Article 83 paragraph (3)  of  Law  Number 20  of  2016  Regarding Trademarks and  Geographical Indications which use the Commercial Court channel as an institution to resolve trademark disputes, infringement of wellknown marks can be resolved through legal channels civil and criminal law lines. Legal remedies for trademark rights against Fashion Zara brand product offenses can file Civil and Criminal Lawsuits for damages and also proceed in a commercial court in accordance with the provisions stipulated in article 83 of Act No. 20 of 2016 concerning Trademarks and Geographical Indications. The suggestion is to socialize the importance of registering trademarks for legal protection to trademark holders so that trademark owners will increase their awareness to register trademarks used.