Overcoming Trademark Bullying in Indonesia Is Linked to Brand Law and Geographical Indications

Abstract

Objective: Accentuation of trademarks makes the business competition even tighter, both from large companies and newly established companies. Having a trademark makes consumers interested in buying the goods or services offered. Trademark bullying is defined as intimidation from large companies to small companies regarding their trademarks, which could result in the bankruptcy of the newly established company. So this research discusses the concept of bullying in Indonesia and how to overcome brand bullying in Indonesia. Methods: This research is descriptive in nature with a normative juridical type of research, using a statutory approach and a conceptual approach. Data was collected through a literature study, and then analyzed qualitatively. Results: This research shows, firstly, that the concept of bullying in Indonesia is carried out through intimidation, which starts with summons to small companies and results in the deletion of trademarks and can result in company bankruptcy which causes a lot of loss of income and permanent consumers. Second, efforts to overcome trademark bullying in Indonesia use preventive and repressive legal protection. Conclusions: Preventive protection is carried out by conducting outreach by related institutions to prevent trademark violations and repressive protection in the form of criminal, civil and administrative protection in order to achieve justice, certainty and legal benefits.