Haven for Counterfeit International Branded Bags’: Challenges for Trademark Protection in Batam City, Indonesia

Shahrullah, Rina Shahriyani and Syarief, Elza and Moniaga, Yenny (2017) Haven for Counterfeit International Branded Bags’: Challenges for Trademark Protection in Batam City, Indonesia. In: 6 th Global Conference on Business and Social Sciences, 4-5 December 2017, Ambassador Hotel, Bangkok, Thailand. (Submitted)

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This research aims to analyze the effective implementation of the Trademark Law in Batam City by adopting two legal theories as a platform, namely: the Effectiveness of Law Theory by Soejono Soekanto and the Legal Protection Theory by Phillipus M. Hadjon. It adopted a socio-legal research method by collecting primary data through observation, in-depth interviews and distribution of questionnaires 35 respondents (10 sellers and 25 buyers). Secondary data used by this research consisted of primary and secondary legal materials. Interviews and secondary data were analyzed based on their content (content analysis) using the qualitative approach. Questionnaires were analyzed statistically using the Chi-square. The research found that KW bags have legally imported to Batam City from China since 2005 because they have met all the required documents for import. Batam City polices have no authority to investigate the KW bags because a trademark infringement is qualified as a complaint offense under the Trademark Law. It also found that most of respondents have bought the KW bags because their cheaper price and their appearance is very much the same as the genuine ones. Yet, they mostly understand that the KW bags violate the Trademark Law and disadvantage the owner/holder of the marks. Hence, it is suggested that to effectively implement the Trademark Law against KW bags, law enforcers, educators, NGOs have to educate people in Batam City to not support the trademark infringement by buying them. The owner/holder of the trademarks should register their trademarks in Indonesia to gain protection.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Trademark, Counterfeit Bags, Batam City, Indonesia
Subjects: H Social Sciences > H Social Sciences (General)
H Social Sciences > HD Industries. Land use. Labor > HD61 Risk Management
H Social Sciences > HV Social pathology. Social and public welfare
Divisions: School of Law > Master of Law
Depositing User: Feggy Alfa Syahfitri
Date Deposited: 16 May 2018 08:04
Last Modified: 08 Sep 2021 08:43
URI: http://repository.uib.ac.id/id/eprint/914

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