The Urgency of Legal Protection for Trademark Licensees in Indonesia

Abstract

Protection for trademark license holders covers all types of goods and services so that all forms of imitation of other people's trademarks are based on "bad faith" to gain profit by piggybacking on the fame of another person's brand. To avoid dishonest practices and provide legal protection to brand owners or licensees, the state regulates mark protection in Law Number 20 of 2016 concerning Marks and Geographical Indications. The importance of a rule to provide a sense of security for trademark holders to develop their business through their brand. Trademark infringement can be concluded through imitation of trademarks (having similarities in principle with other brands) and counterfeiting of trademarks (having similarities in its entirety with another trademark). Law Number 20 of 2016 concerning Trademarks and Geographical Indications provides a way of resolving a trademark dispute through civil law or criminal law where a claim or complaint can be filed by the holder of a trademark license who feels aggrieved over the existence of another trademark that is perceived to resemble his own. The purpose of this research is to find out how legal protection is for trademark license holders in Indonesia and to analyze and find the urgency of legal protection for trademark license holders. By using normative juridical research methods to examine the laws and regulations governing trademark rights and licenses. The statutory regulation approach is an approach that is quite important because the licensing of trademark rights where there are legal issues in it is regulated in the applicable laws and regulations.