IMPLEMENTASI PENDAFTARAN MEREK DAGANG PADA INDUSTRI KREATIF DI WILAYAH KOTAGEDE SEBAGAI BENTUK PERLINDUNGAN HUKUM

Nindy Rizki Amalia, NIM.: 19103040014 (2026) IMPLEMENTASI PENDAFTARAN MEREK DAGANG PADA INDUSTRI KREATIF DI WILAYAH KOTAGEDE SEBAGAI BENTUK PERLINDUNGAN HUKUM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

iii ABSTACT This research was motivated by the still low level of trademark registration among creative industry business actors, particularly in the Kotagede area. Trademarks, as one form of intellectual property, play an important role in protecting business identity and enhancing competitiveness. However, in practice, many business actors have not yet registered their trademarks. This gives rise to issues concerning the factors that cause business actors not to register their trademarks, as well as the efforts that can be made to overcome these obstacles. This study employed an empirical legal research method with a sociological approach. Data were obtained through direct interviews with business actors in Kotagede, including herbal business owners, culinary entrepreneurs, and silver craftsmen, and were supported by secondary data derived from literature and statutory regulations. The theoretical framework used in this study includes Intellectual Property Rights (IPR) as the legal umbrella governing trademarks, the concept of legal protection for trademarks, and the first-to-file principle, which states that trademark rights are granted to the party who first registers the mark. The results of this study indicate that there are several factors causing business actors not to register their trademarks, including the perception that trademark registration is not yet considered an urgent necessity, the assumption that trademarks are only required for large-scale or legally incorporated businesses, cost constraints and the lengthy registration process, as well as difficulties in determining a trademark that possesses distinctive elements. In addition, a social factor was identified in the form of a business culture that tends to feel secure despite the absence of legal protection for trademarks. Efforts to overcome these obstacles include increasing socialization and assistance by the government through the Directorate General of Intellectual Property, as well as the need for a shift in business actors’ mindset from reactive to preventive in protecting trademarks as valuable business assets.

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