Faktor-Faktor Penyebab Terjadinya Pelanggaran Hak Merek Berupa Pemboncengan Reputasi (Passing Off) Merek Terkenal Ditinjau dari Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis

Abstract

Trademarks are part of Intellectual Property Rights which are protected in Law Number 20 of 2016 concerning Marks and Geographical Indications. Legal protection of a brand is very necessary because it is closely related to the economic value attached to a brand. The economic value and reputation of a brand, especially a well-known brand, are often used by business actors with bad intentions to gain instant profits by committing brand violations in the form of passing off. To be able to provide maximum legal protection to brand owners, it is necessary to know in advance what factors caused the violation of trademark rights. Therefore, the author intends to conduct this study with the aim of knowing the factors causing the violation of brand rights related to passing off of well-known brands. The research method used in this thesis is normative juridical, using an approach through legislation as a basis for solving problems related to brand violations in the form of passing off reputations against well-known brands. From the results of this study, it can be concluded that the factors that cause brand violations related to passing off famous brands are economic factors, community cultural factors, regulatory factors, and supervisory factors.