Penegakan Hukum Terhadap Tindak Pidana Pelanggaran Merek di Wilayah Kepolisian Daerah Sumatera Utara (Studi di Subdit I Indag Kepolisian Daerah Sumatera Utara)

Abstract

The current brand is used as a differentiator between products produced by a person or legal entity with products produced by other parties by being registered with the Directorate General of Intellectual Property Rights (Dirjen HKI) under a department headed by the Minister of Law and Human Rights . The importance of protecting brand ownership because certain brands of goods and or services in the current era of free trade can penetrate across borders between countries. The problem in this thesis research is how the legal arrangements related to violations of trademark offenses in Indonesia, how law enforcement against trademark offenses according to national regulations, and how barriers and law enforcement efforts on Brand Violations in Trademark Subdit I of North Sumatra Police. The research method used is normative juridical research, namely research conducted by examining library materials, and Law Number 20 Year 2016 concerning Trademark and Geographical Indications. Based on research conducted obtained the following results: 1. Legal regulations related to trademark violations in Indonesia with the enactment of Law No.20 of 2016 concerning Geographical Marks and Indications, grouped in 5 (five) periods, namely: during the adoption of Industrielle Eigendom Kolonien's Regulations in 1912, Law No. 21 of 1961 concerning Trademarks, Act No.19 of 1992 concerning Trademarks, Act No.14 of 1997 concerning Trademarks, and Law No.15 of 2001 concerning Trademarks. 2. The forms of criminal offenses against trademarks are trademark piracy (Trademark Piracy), counterfeiting and counterfeiting of labels and packaging of a product (Imitations of Labels and Packaging). 3. Law enforcement for trademark violations that occur in the North Sumatra Regional Police Region can be carried out by providing administrative sanctions, from civil law sanctions to claims for compensation and based on criminal law regulated in Article 100 to Article 103 of Law No. 20 of 2016 concerning brands and geographical indications.