Perlindungan hukum terhadap konsumen yang dirugikan akibat pelaku usaha yang tidak jujur menjual barang bermerek palsu = Legal protection of consumers who experience losses due to dishonest business actors which sell goods with fake trademarks

Wiral, Meisha Larasati (2019) Perlindungan hukum terhadap konsumen yang dirugikan akibat pelaku usaha yang tidak jujur menjual barang bermerek palsu = Legal protection of consumers who experience losses due to dishonest business actors which sell goods with fake trademarks. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Trademarks function as an identification sign which could bring the image and perception of the good which uses the said trademark to their user or consumer. When the society as consumers is going to purchase a good, often the trademark also acts as a determinative factor for the society to decide their choice of good. A business actor which is suspected to have bad faith, misuse well known trademarks by using those trademarks illegally without consent from the authorized holder of the trademark, as well as selling goods which are results of the violation of intellectual property rights freely. Goods which are results of misuse of trademark as referred to within this research focuses on cosmetic goods. Cosmetics which use fake trademarks could prejudice consumers since the goods as a result of the trademark violation is freely circulating without further examination on their appropriateness and safety to be circulated and used by consumers. This research uses the juridical normative research method using secondary data. A juridical normative research or literature review is conducted by researching on literature materials which are then analyzed using qualitative analysis technique. The approach used within this research is the normative approach. The issue within this research is regarding legal protection owned by consumers if they experience losses due to dishonest business actors which sell goods with fake trademarks as well as in terms of the dispute settlement of such issue.There are no regulations which strictly regulate on the prohibition for business actors to sell illegal goods, specifically in this research are goods which violates intellectual property rights in regard to trademark. The inappropriate doing of these business actors could result in losses to the consumer. This research will discuss on the legal protection owned by the consumer which are victims of the sale of goods as a result of trademark violation by business actors pursuant to Law Number 8 Year 1999 regarding Consumer Protection. The result of this research is that consumers can report the criminal act conducted by business actors to the authorized party so that if it is proven that the business actor conducts the criminal act, then criminal sanctions will be imposed and/or the consumer may also claim for compensation to the business actor, consumers are also entitled to receive legal settlement.

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