PROTECTION OF EXCLUSIVE RIGHTS OF “STANDARD” PEN BRAND HOLDERS AGAINST THE CIRCULATION OF COUNTERFEIT PRODUCTS

Abstract

Protection of the exclusive rights of the "Standard" pen brand holders is
crucial in dealing with the rampant circulation of counterfeit products that
are detrimental to brand holders and consumers. This study aims to analyze the regulations governing brand protection in Indonesia, including Law Number 20 of 2016 concerning Brands and Geographical Indications. This study also examines the Decision of the West Jakarta District Court
Number 1618/Pid.Sus/2020/PN Jkt.Brt, which ruled that the evidence in the
form of a "Standard" brand pen be returned to PT Standardpen Industries
as the legitimate owner of the brand. The decision confirms legal protection for brand holders and strict action against counterfeiters. In addition, the role of the Directorate General of Customs and Excise in supervising and confiscating imported products that violate brand rights is also discussed, including the implementation of the Regulation of the Minister of Trade Number 28 of 2021 concerning Supervision of Imported Goods. The results of this study confirm that strict legal protection and strict supervision by relevant authorities are key to protecting brand holders from economic and reputational losses.