Registration of Brands in the Directorate General of Intellectual Property as an Effort to Protect the Brand as Assets of the Company
- DOI
- 10.2991/aebmr.k.200513.107How to use a DOI?
- Keywords
- brand, registration, company assets
- Abstract
Brands as intellectual property rights have very important values for the company. So called, because from a legal perspective, a brand is qualified as a company asset as an intangible object. Therefore, for established companies, pay close attention to how to protect the trademarks used by these companies from being illegally imitated or falsified by others people by registering the trademarks. Somewhat different from the case of small business enterprises, especially for business man who are just starting a business, often the trademark used is considered unnecessary to be registered. It may not be registered trademarks used by business man, because of ignorance that trademarks as company assets need to be protected by registering or it could be because the process of registering trademarks is quite complicated and the cost of registering trademarks is quite expensive. This view needs to be changed, namely to protect the brands used to be legally protected and need to be registered. Juridical, brand protection is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In this law, it is explained: The right to a mark is an exclusive right granted by the state to the owner of a registered mark for a certain period of time by using the mark himself or giving permission to other parties to use it (see article 1 point 5). What is explained in the trademark law can be seen that the rights to the trademark are exclusive rights for the owner who has registered the mark. As exclusive rights, brand owners can produce and can also sell or license to others. More about this is explained in Article 3: The right to a mark is obtained after the mark is registered. So here it can be seen that to protect the trademark it needs to be registered. There is also an institution that manages trademark registration in Indonesia is the Directorate General of Intellectual Property, Ministry of Law and Human Rights of the Republic of Indonesia. The requirements that must be met for registering a mark are set out in Article 4 of the Trademark Law. Paying close attention to the importance of trademarks as company assets, trademark registration is an effort to protect trademarks used by companies so that they are not used illegally by others people.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Sentosa Sembiring PY - 2020 DA - 2020/05/20 TI - Registration of Brands in the Directorate General of Intellectual Property as an Effort to Protect the Brand as Assets of the Company BT - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020) PB - Atlantis Press SP - 555 EP - 561 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200513.107 DO - 10.2991/aebmr.k.200513.107 ID - Sembiring2020 ER -