TINJAUAN YURIDIS TERHADAP PERLINDUNGAN HUKUM MEREK UMKM BERDASARKAN UNDANG-UNDANG NO. 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Abstract

This study examines the legal protection of trademarks for micro, small, and medium enterprises (MSMEs) based on Law No. 20 of 2016 concerning Trademarks and Geographical Indications. Trademarks play a crucial role in distinguishing products in a competitive market, especially for MSMEs, which often face challenges in maintaining product identity and competitiveness. However, many MSME actors are unaware of the importance of legal protection for trademarks, making them vulnerable to practices such as counterfeiting and imitation. This research employs a normative juridical method with a statutory, conceptual, and case-based approach. Primary legal materials are derived from Law No. 20 of 2016 and related regulations, while secondary legal materials are obtained from scientific literature and previous juridical studies. The findings indicate that although Law No. 20 of 2016 provides an adequate legal framework for trademark protection, its implementation and understanding at the MSME level remain insufficient. Factors such as lack of awareness, procedural complexity, and limited access to information are major obstacles for MSMEs in utilizing the available legal protections. This study recommends enhancing government and related agencies' efforts in raising awareness, simplifying the trademark registration process, and increasing legal assistance capacity for MSMEs. By doing so, it is hoped that MSMEs can better understand and optimize the available legal protection for trademarks to support their growth and business sustainability.