Perlindungan Hukum Terhadap Merek Terkenal Nike di Indonesia (Studi di Daerah Istimewa Yogyakarta)

Abstract

The recognition of a brand to become a well-known/famous mark can further trigger acts of brand infringement both on a national and international scale. Mark violations that occur in Indonesia are still relatively high, illegal use or imitation of marks not only on domestic brands but also on foreign brands is also a target. Issues regarding well-known brands are sometimes not easy to decide, because of the "famous" adjective that makes the brand different from brands in general, for example the Nike brand circulating in Indonesia. The formulation of the problems in this paper are (1) How is the legal protection of the famous Nike brand in practice in Yogyakarta and (2) What are the legal factors that cause the famous Nike brand products in Yogyakarta not to be legally protected. This writing uses a research method with the type of empirical research using primary data, namely interviews and distribution of questionnaires to traders who sell the famous Nike trademark and buyers. The results of this study are that legal protection for holders of the well-known Nike trademark in Indonesia is not protected on the grounds that the licensee does not make a complaint to the authorities, there is still a lack of supervision and enforcement by the authorities against traders who claim to be selling original Nike brand goods in below Nike's official retail price and there is no explicit and clear regulation regarding the standardization of collaborating in Indonesia. Legal factors that cause famous Nike brand products in Indonesia are not legally protected, namely the fragility of law enforcement and the awareness of brand holders in cases of counterfeiting well-known foreign brands, legal protection is in accordance with applicable regulations even though there are several obstacles that often occur, law enforcement is not optimal , inadequate facilities and amenities, weak public legal awareness, and economic factors.