The Act of Parody on the Registered Trademarks Based on the Law of the Republic of Indonesia Number 15 of 2001 on Brand

Abstract

UUM give exclusive rights to legal certainty in the protection of the rights holder for the brand, all parties, including the author-creators in the creative economy that should respect the exclusive rights. Based on the fact there is now a certain brand mark parodying action, especially action parodying other people's brand marketing strategy in order to reap profits. Because the parody is generally in the field of copyright infringement, and this is done to the brand, the study aims to examine how regulation parody of the brand in terms of UUM, and how the legal remedies that can be done by the holder of trademark rights for the acts of parody by UUM. Contained within a brand image or reputation (goodwill) that should not be tampered with, because the image obtained with the effort is not easy and a big expense. the exclusive rights, trademark holder has the right to use their own brand and prohibits anyone who unlawfully use a trademark. This study uses descriptive research analysis with normative juridical approach is research that describes the data obtained in the study then analyzed into the facts, the data used are used in this research is secondary data or literature data in the form of primary legal materials in accordance with the method used , the analytical techniques used are qualitative normative analysis, the data is classified according to the data aspects logically interpreted. The results showed that UUM not specifically regulate the actions of the brand spoofs, parodies action brand mark owned by someone else is a form of infringement on the exclusive rights holder for the brand through the use of the form of the brand without rights. Holders of rights to the brand were harmed by the actions parody the brand can file a lawsuit with the efforts of litigation and/or litigation in accordance with Articles 84 and 76 UUM and against violators can be subject to sanctions in accordance with the provisions of Article 91 UUM.