IMPLEMENTATION OF HUMAN RIGHTS-BASED PUBLIC SERVICES AND BUSINESS WITH AN IMPACT ON JUSTICE

Abstract

The advancement of trade during the Era of Globalization and Era 4.0, characterized by the integration of digital technology and automation, has heightened rivalry in both national and international markets. In the realm of Intellectual Property, dominant trademarks serve as symbols and identities for products, enhancing the image of businesses. As integral components of Intellectual Property (IP), these brands necessitate legal protection and certainty to foster healthy competition and prevent counterfeiting and trademark infringement. Trademark protection is governed by Law Number 20 of 2016 regarding Trademarks and Geographical Indications. This study utilizes a normative legal research methodology, relying on secondary sources as the principal material, specifically legal statutes and judicial rulings. This study aims to examine the legal protection of registered trademarks in Indonesia as established by positive law and the application of the Trademark Law in trademark disputes, including the case of PT—Gudang Baru, which features a similar brand. Consequently, a research is required to investigate the function of Indonesian law enforcement in adjudicating trademark disputes. Trademark disputes may be settled through mediation prior to being presented to the commercial court. Criminal sanctions may be enforced if a civil settlement fails to resolve the problem, grounded in the principle of Ultimum Remedium, which posits that criminal penalties are employed solely as a last resort in legal matters, particularly in dispute resolution law.