LEGAL PROTECTION OF TRADEMARK INTELLECTUAL PROPERTY RIGHTS IN THEDIGITAL ERA BY THE DIRECTORATE GENERALOF INTELLECTUAL PROPERTY

Abstract

Brands become particularly vulnerable to various forms of
infringement, such as counterfeiting, misuse, and unauthorized use
by irresponsible parties. Based on the description of the problem that
has been explained, the formulation of the problem in this study is
how is the legal protection of trademark intellectual property rights
in Indonesia in the digital era based on the applicable laws and
regulations? And what are the challenges faced in law enforcement
related to brand protection in cyberspace, especially in the context
of brand infringement that occurs on digital platforms? Based on the
results of the study, it was found that trademark protection in
Indonesia adheres to the constitutive principle, namely the trademark
that receives protection is a trademark registered with the
government, trademark registration is only given to the first party
who submits the application, in accordance with the principle of first
to file so that to get legal protection, the brand owner must register
his trademark in this case. In Article 3 of the Trademark Law, the
state grants the right to a trademark to the owner of a trademark
registered in the general register of the trademark to use the
trademark itself or to give permission to another party to use it. There
are other serious challenges, such as brand misuse on digital
platforms, difficulties in cross-border law enforcement, lack of an
effective enforcement system, anonymity of offenders, and low legal
understanding among business actors.