CRIMINAL ON NOT GOOD FAITH REGISTERING A MARK OWNED BY OTHER PARTIES THAT HAVE NOT BEEN REGISTERED
The criminal's trademark registration belongs to another party. Which has not been registered and filed in bad faith against the law has not been regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. The existence of this legal loophole has the potential to be exploited by irresponsible parties to obtain economic benefits by registering and then suing or subpoenaing the original trademark owner who has not registered his mark. The problem in this research is how is the punishment for registering a trademark belonging to another party that has not been registered based on Article 21 paragraph (3) of Law Number 20 of 2016 concerning Marks and Geographical Indications? The results of the study show that the punishment for the use of an unregistered mark based on Article 21 paragraph (3) of Law Number 20 of 2016 concerning Marks and Geographical Indications is still limited to registered marks, so that for unregistered marks, the punishment is only regulated in Article 263 of the Criminal Code with the provision that there is a requirement to fulfill the element of making a fake letter or falsifying a letter that can issue a right. Therefore, there is a legal vacuum in Law Number 20 of 2016 concerning Marks and Geographical Indications related to the imposition of criminal sanctions for parties who deliberately register trademarks belonging to other parties that have not been registered with the intention of obtaining economic benefits by selling or licensing trademarks.
Trademark, Brand Crime, Bad Faith