Juridical Study of Similar Labeling of Products and Retailers Brands
Muhammad Isa Romadhonansyah, Puji Sulistyaningsih*, Heniyatun, Bambang Tjatur Iswanto
Faculty of Law, Universitas Muhammadiyah Magelang
*pujisulistyaningsih[at]ummgl.ac.id
Abstract
Government Regulation No. 42/2007 concerning Franchising regulates that franchise business activities should have the characteristics of a business. In Indonesia, there is a phenomenon that the name of a retailer franchise is the same as the label of the display product. This condition gives a perception to the public that the retailer is engaged in services as well as producing goods. This study aims to analyze the model of franchising activities that sell the same product with the name of the retailer franchise. Based on the provisions of Law Number 20 of 2016 Regarding Trademark and Geographical Indications (Trademark Law), there are no restrictions as long as they have distinguishing features, other than that the same mark can also be used on different types and classes of goods as long as the designation/object is different. Also, Government Regulation No. 42/2007 concerning Franchising does not clearly regulate the franchise model. This research is normative juridical research. The research specifications are descriptive analysis. Data collection techniques using literature study and data analysis is done deductively. The results showed that in the Regulation of the Minister of Trade of the Republic of Indonesia concerning Guidelines for the Arrangement and Development of Traditional Markets, Shopping Centers and Modern Stores allow minimarket franchises to sell goods with the same brand with the name of the retailer with the following provisions: (1) prioritizing local SMEs in conducting partnership cooperation; (2) establishing product operational standards; (3) pay attention to consumer rights; and (4) repacking with a percentage of 15% of the total goods at the outlet. The government is expected to become a facilitator between SMEs in the regions and the franchisor to create prosperity and promote SMEs in the regions.
Keywords: Trademark; Similar Labelling; Retailers Brands
Topic: Law