LEGAL ANALYSIS OF ABUSE OF INTELLECTUAL PROPERTY CLAIMS ON SKINCARE PRODUCT COMPOSITION FROM A CONSUMER PROTECTION PERSPECTIVE

Abstract

This study aims to examine legal protection for consumers against
the practice of overclaiming the content of skincare products carried
out by manufacturers by utilizing Intellectual Property Rights (IPR)
claims as a promotional strategy. The research method used is
normative juridical with a regulatory-legislation approach and
literature study. The discussion focuses on the extent to which
consumer protection law, especially in Law Number 8 of 1999, can
overcome misleading practices regarding product content
information that is not necessarily registered or legally protected by
the IPR regime. The results of the analysis show that many
manufacturers use terms such as "patent formulation" or "exclusive
ingredients" without adequate legal evidence, which has the potential
to harm consumers. This study confirms the need to strengthen
regulations on IPR-based product advertising and the active role of
supervisory institutions to ensure the accuracy of product content
information on the market.