PENYELESAIAN SENGKETA PELANGGARAN MEREK USAHA SATE KMS DI KOTA PADANG SUMATERA BARAT BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Abstract

Trademark is a mark used on goods that are traded by a person or several
people together or a legal entity to distinguish them from other similar goods.
Registration of a business mark is one of the obligations that must be
carried out by business actors in accordance with
This study aims to determine the dispute resolution of the Sate KMS
business brand infringement in the city of Padang, West Sumatra and to find out
the obstacles in dispute resolution and the efforts that can be made in resolving
the dispute over the Sate KMS business brand infringement. The type of research
used by the author is sociological research. In this sociological legal research,
the authors obtain data through interviews with business actors and the public
and pay attention to the supporting literature.
Based on the results of the research, the following results were obtained:
(1) That the implementation of Article 100 of Law No. 15 of 2001 was not
effective., (2) As for the factors that hindered the implementation of Article 100 of
Law No. 20 of 2016 namely Lack of knowledge, insight, information from traders,
weak legal awareness from parties both from traders and consumers, and lack of
supervision from related parties both from Disperindag or from brand owners are
obstacles in the process of implementing legal protection. (3) The efforts made to
suppress trademark infringement have not been maximized, causing the
circulation of goods resulting from infringement to still occur. Traders themselves
have been continuously trading counterfeit goods using well-known brands. From
the results of this research, it is hoped that in the future there will be processes to
optimize legal protection efforts by increasing legal awareness of brands to
traders and consumers to trade and buy counterfeit goods.
Keywords: dispute resolution – infringement – brand