Legal Protection for the Public against the Circulation of Counterfeit Goods

Abstract

The purpose of this study is to analyze the legal protection for the community against the circulation of counterfeit goods. The research used a normative juridical method. The results showed that; 1) legal protection against the circulation of counterfeit goods can be carried out based on criminal, civil and administrative law. Trademark infringement in the form of brand counterfeiting is further regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In more detail, the act violates the Criminal Provisions of Article 100, Article 101 and Article 102. While the use of a trademark is without rights, it can be sued based on an act of violating the law in accordance with Article 1365 of the Civil Code. Administratively, it can be reviewed based on related laws, for example, in online transactions referring to Law Number 11 of 2008 concerning Electronic Information and Transactions. 2) Obstacles in legal protection against counterfeit goods dealers are a) Violation of counterfeiting goods constitutes a complaint offense so that it requires an active role from the brand owner, b) limited information to the public (consumers) on the existence of a trademark registration application. c) Difficulties of trademark rights holders to find the perpetrators of trademark infringement. d) The existence of a lawsuit from the owner of the brand rights will worsen the reputation of the product, e) Awareness of the law and legal culture of the community.