Liability for Electronic Mark Holders Regarding Trade Commercialization in Electronic Business Transactions

Abstract

Issues related to unlawful acts by using a brand without the permission of another person (brand holder) and without a written agreement stating that it is permissible to use the mark to be marketed through social media or electronic business transactions and the brand holder can be held liable for all legal actions carried out by individuals as stipulated in act No.20/2016 concerning trademarks and act No.19/2016 concerning Information and Electronic Transactions. In connection with the type of research used, normative legal research, several approaches to the problem will be used in this study, as follows: The statutory approach, the conceptual approach, the philosophical approach, the comparative approach, and the case approach are all examples. These five approaches are carried out to solve problems that occur in connection with the nature of the mark, the legal ratio of cancellation of trademark rights, and the legal consequences of trademark cancellation for licensees so that in the future business actors, especially in Indonesia, can use their trademark rights as one of the supporting pillars of a successful business as he did. The results of this study obtained findings about the legal protection of brands that are given either to foreign or local brands, well-known or not well-known, only given to registered brands. For this reason, every brand owner is expected to register his trademark with the Director General of Intellectual Property Rights to obtain legal protection. A registered mark receives legal protection for a period of 10 (ten) years and is retroactive from the date of receipt of the application for the mark concerned. At the request of the trademark owner, the protection period for a registered mark can be extended each time for the same period. Legal protection based on the first-to-file principle system is given to registered trademark rights holders who have good faith, and are preventive or repressive in nature. Preventive legal protection is carried out through trademark registration, and repressive legal protection is provided in the event of a trademark violation through civil lawsuits or criminal charges by reducing the possibility of alternative settlements out of court.