Legal Protection for Registered Trademark Holders from Passing Off Actions

Author(s): Kurniawan Kurniawan, Lalu Wira Pria Suhartana, Edwardus Bayo Sili

Institution: Mataram University, Indonesia

Category: Article, Copyright, IJMMU, Trademark

Topics: Intellectual Property; Brand; Passing Off

Abstract: The purpose of this study is to determine the legal protection efforts for registered brands from passing off actions. Intellectual Property Rights are rights that arise or are born due to the intellectual ability of a person in the fields of art, literature and science. Intellectual Property Rights can generally be grouped into 2 (two) parts, namely Copyright and Industrial Property Rights which consist of: Patents, Trademarks, Industrial Designs, Integrated Circuit Layout Designs, Trade Secrets and Plant Varieties. Brands as part of intellectual property rights are rampant in the use of registered brands without permission from their owners or rights holders, usually they piggyback or piggyback on existing and well-known registered brands. This action is called Passing Off , which is an instant action to take advantage by piggybacking or imitating brands owned by other parties. Efforts to protect registered trademark owners from passing off actions can be done through 2 (two) efforts, namely: Preventive legal efforts are efforts made on actions that nature prevention. This is intended for reduce the chances of occurrence violation of the law against brand registered trade. This preventive legal effort emphasized in the supervision of the use of a brand, protection of exclusive rights holder right on brand trade which has been registered. Repressive legal efforts are efforts in the form of action taken by the brand owner to resolve an incident or event that has occurred. Occurs on the registered trademark. Repressive legal protection is provided to registered trademark owners if there is a violation of the registered trademark. The role of the government and law enforcement agencies such as the Courts, Police and Prosecutors is very necessary in order to provide protection to registered brand owners from passing off actions.

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