LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN THE FORM OF FORGIVEN TRADEMARKS IN E-COMMERCE MEDIA

Abstract

The existence of a marketplace or e-commerce in electronic commerce can not only produce a beneficial impact both in terms of sellers and buyers, but can also produce a negative or detrimental impact on the trademark rights holder, where one of the most often impactful is brand counterfeiting. The problems raised are such as how to regulate the legal protection of intellectual property rights such as trademarks in the e-commerce system? How do the United States and Australia protect trademark rights against intellectual property counterfeiting legally? This research method uses a normative juridical legal approach by using existing data through Open Source, both from book literature, as well as scientific journals, accredited media. Buying and selling in electronic ways is considered a new and more practical way of buying and selling goods or services in e-commerce As for the rules regarding Intellectual Property Rights such as Law Number 20 of 2016 concerning Trademarks and Geographical Indications, they are always mentioned because fraud often occurs in electronic transactions, such as piracy and trademark counterfeiting. This legal protection is carried out to be able to ensure that all Indonesian people can enjoy a right that has been mandated by the law that has been enforced Legal protection can be applied to intellectual property rights in the form of rights to trademarks that are traded in e-commerce. Just like Indonesia, countries such as the United States and Australia also provide legal protection for brand owners who buy and sell in e-commerce articles.