THE IMPLEMENTATION OF TRIPS-WTO IN THE PROTECTION OF IPR OVER FASHION TRADEMARK OF CREATIVE INDUSTRY AS AN EFFORT TO IMPROVE GLOBAL COMPETITIVENESS
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Date
2013-06-14
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Internasional Conference on Education, Economic, Psyhology and Society, Higher Education Forum And Asia Pasific Education and Research Association
Abstract
This study examines how the protection of IPR, according to Law No 15 year 2001
regarding Trademark serving as the implementation of TRIPs-WTO, provides protection
over fashion of the creative industry and how the protection of trademark rights over this
product improves the global competitiveness. Normative-jurisdical method is applied to
this study. This method puts emphasis on the secondary data obtained from the library
research, supported by the primary data from the field research.
From the research, it can be concluded that the IPR protection, according to Law No 15
year 2001 regarding Trademark serving as the implementation of TRIPs-WTO, has not
fully provided protection over the fashion products of the creative industry, making it
being ineffectively conducted by the product owners. The law generalizes the protection
period, rigid time extension, improper categorization of offence type, and no fixed
regulation regarding the management of folklore products or traditional knowledge, as
well as complex bureaucracy.
Trademark protection for these products, according to Law No 15 year 2001 regarding
trademark, has not met the hope of the owners of creative industry in protecting their
trademarks and logos to be able to compete globally. The obstacles that hamper are
juridical and cultural aspects. The former consists of improper management, complex
bureaucracy for registration, and no steady and integrated bureaucratic institutional to
perform the protection functions effectively. The later consists of the lack
acknowledgement that the existence of trademark rights over fashion may contribute the
owners in improving their global competitiveness.
The government needs to do an obvious way by extending the Trademark Law in
accordance with the theory of law reform by taking into account its philosophical,
sociological, juridical, and international aspects. In addition, the law should also be
disseminated and the regional institution, in protecting one’s intellectual property rights,
should also be addressed.
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Keywords
TRIPs-WTO, IPR Protection over Trademark, Fashion Products, Creative Industry, Global Competitiveness