Legal Protection Against The Circulation Of Counterfeit Products Under Law Number 20 Of 2016 Concerning Trademarks And Geographical Indications: A Case Study Of The Eiger Brand On The Shopee Platform

Abstract

This study examines the legal protection against the distribution of counterfeit Eiger-branded products on the Shopee platform based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The research addresses two main issues: the forms of legal protection available to Eiger trademark rights holders and the obstacles encountered in enforcing trademark protection on the Shopee platform. The research employs a normative juridical legal research method using both statutory and case approaches. The findings indicate that legal protection for the Eiger trademark is provided through two forms, namely preventive and repressive protection. Preventive protection is implemented through trademark registration, the prohibition of the use of trademarks that are identical or substantially similar to registered trademarks, and the application of the notice-and-takedown mechanism on the Shopee platform. Meanwhile, repressive protection is pursued through civil lawsuits filed with the Commercial Court, the cessation of unauthorized trademark use, the removal of counterfeit products, and the imposition of criminal sanctions against trademark infringers. The study further reveals several obstacles to law enforcement, including difficulties in identifying offenders, the practice of account cloning, limited monitoring of digital transactions, the volatility of electronic evidence, and the low level of legal awareness among some consumers. Therefore, effective legal protection of trademarks in the digital marketplace requires stronger synergy among trademark rights holders, e-commerce platforms, and law enforcement authorities.