Legal and Regulation Aspects

Oct 13, 2025 by talynt.org 74 views

Implementation of Law No. 20 of 2016 concerning Trademark and Geographical Indications of Artificial Goods Trading that uses famous brands (Petisah Market Study and Central Market)

Discussion Category: Undergraduate Theses, Education, Journal, Thesis, University, Student, Campus

Abstract

In the midst of increasing economic activity, the protection of brand rights, especially well-known brands, is a crucial aspect. This research focuses on the practice of artificial goods trading that utilizes famous brands in the Petisah Market and Central Market in Medan City, as well as the effectiveness of Law No. 20 of 2016 concerning Brands and Geographical Indications in overcoming this problem. The study aims to identify the factors that affect the effectiveness of the law and provide recommendations to improve legal protection against brands.

Introduction

The practice of trading goods and services that utilize famous brands is a common phenomenon in many cities, including Medan. This practice not only harms the entitled brand owner but also consumers who use these goods or services. The use of famous brands by traders can cause confusion among consumers regarding the authenticity of the products they buy. In this context, it is essential to understand the impact of this practice, both for brand and consumers.

The Practice of Artificial Goods Trading

In the city of Medan, especially in the Petisah Market and Central Market, the practice of artificial goods trading using famous brands is still prevalent. These artificial goods are often sold at lower prices and utilize the popularity of famous brands to attract the attention of consumers. This has the potential to cause confusion among consumers regarding the authenticity of the products they buy. The use of famous brands by traders can also lead to a loss of revenue for the original brand owners.

The Effectiveness of Law No. 20 of 2016

Although Law No. 20 of 2016 concerning Brands and Geographical Indications has been applied, research shows that this law has not been effective in preventing brand violations. There are several factors that affect its effectiveness, including:

Legal and Regulation Aspects

The unclear regulations and complicated law enforcement procedures can hamper the brand protection process. The law enforcement agencies often struggle to understand the complexities of the law, leading to inconsistent application and enforcement.

Law Enforcement

Lack of supervision from the authorities is one of the main factors in the low effectiveness of the implementation of this law. Weak law enforcement has the potential to cause brand violations to continue without clear consequences for violators.

Culture and Public Awareness

Low public awareness of the importance of brand protection is also a challenge. Many traders are still lacking knowledge about brand law and the consequences of selling artificial goods. This lack of awareness can lead to a lack of understanding of the importance of protecting brand rights.

Economic Factors

The economic factors, such as the low cost of production and the high demand for goods, can also contribute to the prevalence of brand violations. The low cost of production makes it easier for traders to produce and sell artificial goods, while the high demand for goods creates a market for these products.

Recommendations to Improve Legal Protection

Based on the results of this study, there are several steps that can be taken to optimize legal protection against brands, including:

Education and Socialization

Increasing legal awareness among traders and consumers about the importance of brand protection and risks faced by trading artificial goods. This can be achieved through education and socialization programs that provide information about brand law and the consequences of selling artificial goods.

Increasing Supervision

Strengthening related agencies to be more proactive in overseeing trade practices, so that brand violations can be reduced. This can be achieved through increased funding and resources for law enforcement agencies, as well as the implementation of more effective monitoring and enforcement systems.

Improving the Quality of Regulation

Improving and clarifying the law and procedures related to brand protection to be more effective and easy to apply. This can be achieved through the revision of the law and the implementation of more effective and efficient procedures for brand protection.

Conclusion

The practice of artificial goods trading using famous brands is a common phenomenon in many cities, including Medan. The effectiveness of Law No. 20 of 2016 concerning Brands and Geographical Indications in preventing brand violations is limited due to several factors, including unclear regulations, lack of supervision, and low public awareness. To improve legal protection against brands, it is essential to increase education and socialization, increase supervision, and improve the quality of regulation. This research is expected to be a reference for better policy development in the future.

References

Law No. 20 of 2016 concerning Brands and Geographical Indications
Petisah Market Study
Central Market Study
Various articles and research papers on brand protection and law enforcement.

Appendix

List of interviewees
List of documents and materials used in the study
Additional data and information that support the findings of the study.
Q&A: Implementation of Law No. 20 of 2016 concerning Trademark and Geographical Indications of Artificial Goods Trading that uses famous brands (Petisah Market Study and Central Market)

Frequently Asked Questions

Q: What is the main objective of Law No. 20 of 2016 concerning Brands and Geographical Indications?

A: The main objective of Law No. 20 of 2016 is to protect trademark and geographical indications of artificial goods trading that uses famous brands, and to prevent brand violations.

Q: What are the factors that affect the effectiveness of Law No. 20 of 2016?

A: The factors that affect the effectiveness of Law No. 20 of 2016 include unclear regulations, lack of supervision, low public awareness, and economic factors such as low cost of production and high demand for goods.

Q: What are the consequences of selling artificial goods that use famous brands?

A: The consequences of selling artificial goods that use famous brands include loss of revenue for the original brand owners, confusion among consumers regarding the authenticity of the products they buy, and potential harm to the reputation of the original brand.

Q: How can traders and consumers be educated about the importance of brand protection?

A: Traders and consumers can be educated about the importance of brand protection through education and socialization programs that provide information about brand law and the consequences of selling artificial goods.

Q: What are the steps that can be taken to improve legal protection against brands?

A: The steps that can be taken to improve legal protection against brands include increasing education and socialization, increasing supervision, and improving the quality of regulation.

Q: What is the role of law enforcement agencies in preventing brand violations?

A: Law enforcement agencies play a crucial role in preventing brand violations by enforcing the law and providing supervision over trade practices.

Q: What are the benefits of implementing Law No. 20 of 2016?

A: The benefits of implementing Law No. 20 of 2016 include protection of trademark and geographical indications of artificial goods trading that uses famous brands, prevention of brand violations, and promotion of fair trade practices.

Q: What are the challenges in implementing Law No. 20 of 2016?

A: The challenges in implementing Law No. 20 of 2016 include unclear regulations, lack of supervision, low public awareness, and economic factors such as low cost of production and high demand for goods.

Q: What is the expected outcome of this research?

A: The expected outcome of this research is to provide a better understanding of the implementation of Law No. 20 of 2016 and to provide recommendations for improving legal protection against brands.

Q: What are the implications of this research for policy development?

A: The implications of this research for policy development are to provide a better understanding of the challenges and opportunities in implementing Law No. 20 of 2016 and to inform policy decisions that promote fair trade practices and protect trademark and geographical indications of artificial goods trading that uses famous brands.

Q: What are the limitations of this research?

A: The limitations of this research include the scope of the study, the sample size, and the data collection methods used.

Q: What are the future directions for research on this topic?

A: The future directions for research on this topic include further investigation into the effectiveness of Law No. 20 of 2016, the impact of brand violations on consumers and original brand owners, and the development of more effective education and socialization programs for traders and consumers.