Kadarisman, Bianca P.
(2019)
Pengaturan trade dress dalam implementasi undang-undang merek di Indonesia = Trade dress regulation in the implementation of trademark law in Indonesia.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Trade dress is the appearance of the overall design of a packaging that has a certain characteristic, which differentiates it from other products. In the Indonesian legal system, trade dress is protected under several regulations, among others Law No.20 Year 2016 pertaining to Marks and Geographical Indonesia. Article 1 of Law No.20 Year 2016 pertaining to Marks and Geographical Indonesia stipulates that marks comprises of figures, letters, colours, two or three dimensional shaped marks or a combination of it all. Therefore, it can be stated that trade dress is protected under Law No.20 Year 2016 pertaining to Marks and Geographical Indonesia, through interpretation of the three-dimensional shaped marks. The underlying issue of violations against trade dress lies within the definition of Marks. Although trade dress is already protected through interpretation of the three dimensional mark. The law does not further regulate the scope of three dimensional marks, which leads to lack of legal certainty. In light of the development in the market in Indonesia, which yields new products constantly, the notion of trade dress has to be taken at its highest to ensure the promotion of creativity as well as fair and equitable business competition. As trade dress is a new concept in the Indonesian legal system, people are still very unfamiliar with the concept as it had only been introduced in 2016. Even with a broader scope of mark after the amendment, the effectiveness of the implementation of trade dress is not as effective. A solution that may help the enforcement of trade dress and ensure protection is creating a new chapter within the trademark law that specifically lays down provision regarding a products packaging and characteristics.
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