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International Journal of Law and Management: Legal threats against the existence of famous brands a study on the dispute of the brand Pierre Cardin in Indonesia
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Abstract
Purpose – The purpose of this paper is to analyze how Indonesian laws regulate the existence of famous
brand. In case of brand Pierre Cardin, which had the elements of a famous brand including brand reputation
obtained because of the public’s general knowledge, intensive and massive promotion, investment made by
the owner in several countries, including Indonesia.
Design/methodology/approach – This study is a normative legal research conducted statutory
approach reviews through court decisions in Indonesia which related to famous brands such as Pierre Cardin.
The analytical method analyzes the law, the legal rulings and the famous brand case of Pierre Cardin, which
became one of the sources of Law of Marks in Indonesia. The next method is a description that compares the
famous brands such as Pierre Cardin in Indonesia and France.
Findings – The research of this paper shows that brand Pierre Cardin is one of the world’s leading brands
and has registered its brands in several countries in the world. The threat to well-known brands in Indonesia
is the regulation of which Indonesia has weaknesses. In Indonesia, the Law of Marks enables the state to
receive registrations of similar brands, and when a dispute occurs, it allows the judge to make a decision
threatening the existence of goodwill.
Research limitations/implications – This research discusses the legal aspects of famous brands in
Indonesia that hold the constitutive system and particularly the legal threat against a famous brand in
Indonesia, Pierre Cardin.
Practical implications – This paper discusses the threats that will occur in famous brands that
registered in many countries, such as Indonesia. This became a reference for the famous brand company to be
able to adjust the law in Indonesia.
Social implications – This paper informs the legal threats can be a weakness of law in Indonesia; therefore,
the governance should revise the regulation about marks to accommodate the existence of famous brands company
in Indonesia. This paper gives recommendations for government to be more flexible to regulate the registration for
the famous brand and tighten regulation of brand rights for local brands to avoid infringement in Indonesia. The
protection of brand rights for a famous brand company in Indonesia can be realized and will be possible.
Originality/value – This paper is original and must-read. This research can be a reference for famous brand
companies that will register brand rights in Indonesia because it discusses about the case between Pierre Cardin
brand in Indonesia and French. This paper gives perspectives based on the Law of Marks in Indonesia.
Furthermore, this paper also discusses some Law of Marks in Indonesia that should be strengthened.
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Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Pujiyono Pujiyono. (2021).International Journal of Law and Management:
Legal threats against the
existence of famous brands a
study on the dispute of the brand
Pierre Cardin in Indonesia.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd