| Summary: | Marks on the product and brand on the packaging are sometimes the same, only
that differentiate the brand attached to the packaging has been accompanied decor
or color composition for the purpose of attract consumers. Trademark violations
committed by the parties are generally related to the function of the brand as
identification or identity of goods or services that have a high reputation that
contain goodwill related to the function of the brand as a guarantee of quality.
This research is a socio-Iegal research with normative approach, in addition to
using qualitative methods. By using sosiolegal research because that law is not
considered limited to the rules or the rules and norms, but also includes how the
law works in society, the data collected is of primary data and secondary data.
The right brand can be obtained through the two systems is the first declarative
system that is used in trademark law 21 of 1961 whereby the former user who
creates a right on the mark. Both constitutive system provides brand protection to
parties that do registrant brand. This system is used in trademark law No. 15 year
2001. Indonesian trademark law progressed to regulate the principle of good faith
in obtaining rights to the brand. In accordance with the legal principle that the
protection given to the parties acting in good faith in accordance with article 4
under law 15 of 2001. So get registered brands including legal protection of brand
packaging brands are registered. Settings on the action of unfair competition in the
form of passing off distinctly in the Indonesian trademark law does not exist, but
the elements of passing off can be seen clearly in the Holy Court Decision No. 80
/ PID.B/2002/PNKDS September 232002 in a criminal case with Mubarok brand
is upheld by the High Court decision No. 72 / Pidana/2003/Pengadilan Tinggi
Semarang.
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