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PERLINDUNGAN HUKUM TERHADAP REBRANDING MEREK DAGANG PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (STUDI PADA TOKO H DAN R DI TOKO OREN)
Rebranding is a re-giving of a brand that has been attached to a previous product. The rise of rebranding has more or less affected business competition. These cases often involve the use of similar or identical marks without permission from the rightful trademark holder. On this basis, this study will try to analyze the form of legal protection for brand rebranding carried out by H stores against R, focusing on the type of violation, the impact on brand owners, and the impact on the market. In addition, this study will also discuss legal mechanisms that can be applied in dealing with these violations, including legal remedies that can be taken by R. This study seeks to answer the main question: To find out what are the factors that cause brand rebranding?; How legal protection against the form of trademark rebranding violations is reviewed according to positive law and Islamic law carried out by H against R. The type and approach of research used in this study are juridical-empirical. This study uses qualitative data analysis, through the analysis of various positive legal regulations and Islamic law related to the object of research. And as a knife for the analysis, it uses Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The data collection techniques used are interviews, observations, documentation and literature studies. The results of this study show that, (1) this rebranding violation is caused by factors such as economic factors in business competition, lack of understanding of the importance of intellectual property rights, inadequate regulatory factors, weak supervision, and low awareness of the public and business actors. (2) The practice of trademark rebranding protection according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications is that there are two protections. First, preventive legal protection is legal protection provided by the Government with the aim of preventing violations before they occur. The violation here is where the government has made efforts to socialize how important Intellectual Property Rights are where trademarks are included in (IPR) that have been protected. Second, repressive legal protection is the final protection in the form of sanctions such as fines, imprisonment, and punishments given if a dispute has occurred or a violation has been committed. The meaning here is that those who violate trademarks will be subject to sanctions, in the form of imprisonment and fines as referred to in Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Articles 100-103. (3) Meanwhile, the view of Islamic law on trademark protection is written in the MUI fatwa Number: 1/MUNAS VII/MUI/5/2005 concerning the Protection of Intellectual Property Rights, that any form of infringement of Intellectual Property Rights is haram, including rebranding a trademark by covering the original brand without permission is the same as using the rights of others without permission. In both perspectives, of course, dispute resolution through positive law is highly encouraged, considering that it has been explicitly regulated regarding rules and threats for business actors who violate brands
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103080084 Muhammad Fauzan Firdaus
PERLINDUNGAN HUKUM TERHADAP REBRANDING MEREK DAGANG PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (STUDI PADA TOKO H DAN R DI TOKO OREN) (Text)
PERLINDUNGAN HUKUM TERHADAP REBRANDING MEREK DAGANG PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF (STUDI PADA TOKO H DAN R DI TOKO OREN) (Other)
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