Hutauruk, Rafael Febriant Tua (2023) Perlindungan Hukum Atas Merek Terhadap Sepatu “nike” Di Kota Pekanbaru Ditinjau Dari Undang-undang Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis. Other thesis, Universitas Islam Riau.

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Abstract

Mark is part of the scope of Intellectual Property or often abbreviated as IPR. Intellectual Property Rights are property rights that arise or are born from human intellectual abilities. Intellectual Property Rights are categorized into 2 groups, namely Copyright and Industrial Property Rights which consist of Patents, Trademarks, Industrial Designs, Trade Secrets and Trade Secrets. Integrated Circuit Layout Design (Integrated Circuit lay Out Design). The main problem in this research is how the legal protection of trade marks with well-known marks in the city of Pekanbaru in terms of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. What are the Obstacles to Legal Protection of Trademarks with Well-Known Trademarks in Pekanbaru City in terms of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study uses the legal research method observational research or survey where in this study collects information from respondents using data collection tools in the form of interviews and the nature of this research is analytical descriptive, namely research provides data as thoroughly as possible to describe how the legal protection of trade marks with well-known brands in the city Pekanbaru in terms of law number 20 of 2016 concerning trademarks and geographical indications. The results of the study show that the legal protection of brands for KW shoes in Pekanbaru City in terms of Law Number 20 of 2016 concerning Trademarks and Geographical Indications is the trade in counterfeit goods using well-known brands carried out by traders in Pekanbaru City which can be regarded as a violation marks that have fulfilled the elements according to the provisions of Law Number 20 of 2016 concerning Marks and Geographical Indications. From the results of the research that has been carried out, it can be concluded that the implementation of legal protection for Law Number 20 of 2016 concerning Trademarks and Geographical Indications has proven to not apply effectively. Obstacles to the Legal Protection of Trademarks Against Shoes in Pekanbaru City in View of Law Number 20 of 2016 Concerning Brands and Geographical Indications are the low level of human resources, limited information and insight from business actors, lack of legal awareness of related parties (sellers and consumers), the need for well- known branded goods at low prices, the reluctance of brand owners to process lawsuits related to funding issues against acts of violation committed by micro, small and medium traders, the ease of granting business licenses and the not yet optimal process of supervision and guidance from the Department of Industry and Trade and related agencies to business actors and the public has caused these violations to continue.

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