Definitions And Examples Of Trade Law Cases In Indonesia, You Need To Know Before Starting A Business

JAKARTA - Opening a business in today's era is very easy. Starting from the search for raw materials, marketing, to licensing. Thanks to the development of digital technology, buying, and selling activities are increasingly mushrooming. Many millennial generations are starting to dare to make their own brand products.

But before starting to open a business, it's a good idea to know trade law. This is useful to avoid problems that can happen to your business in the future. Because in business there are elements that are very prone to problems, ranging from brand names, logos, licensing letters, to workers.

Such as the case of Geprek Bensu trademark that had occurred. Ruben Onsu, an artist and culinary entrepreneur, sued PT. Ayam Geprek Benny Sujono because it had the same name as his brand. The lawsuit was filed at the Central Jakarta Commercial Court repeatedly in 2018, 2019, and 2020.

As a result, the Supreme Court (MA) dropped Ruben Onsu's lawsuit on his trademark Intellectual Property Rights. Ruben doesn't even hold his brand anymore.

Definition of Trade Law

Trade law is a provision that regulates all human activities in trading for profit or profit. Everything related to trading, buying and selling, or commerce. These rules are included in the privacy law, which is derived from civil law.

Trade law is included in the realm of civil law because it involves all interactions between individuals or between individuals and certain parties. The law is regulated in a special civil or Trade Code (KUHD).

Scope of Trade Law

Trade law regulations include various elements that involve the intermediary of producers and consumers. The following is the scope of trade law.

· Business contracts

· Buy and sell

· Intellectual property rights

· Mergers and acquisitions

· Company forms

· Foreign investment

· Go public companies and capital markets

· Credit and financing

· Debt collateral

· Securities

· Consumer protection

· Insurance

· Agency and distribution

· Taxation

· International business

· Laws of transport (land, sea, air, and multimodal)

· Business dispute resolution

· Antitrust

· Hunting

· Intermediary jobs (brokers, commissioners, traders, etc.)

Examples of Trade Law Cases

The Geprek Bensu polemic is only one of the many trademark cases. The following are a number of commercial disputes that have occurred in Indonesia.

Monster Energy Company vs Andria Thamrun

In November 2017, Monster Energy Company filed a lawsuit against Andria Thamrun. The American company expressed objections to Andria's “Monster” brand. This is because Andria has registered the trademark at the Ministry of Law and Human Rights, the Director-General of Intellectual Property Rights.

The company Monster Energy wanted to take the property because the trademark had been registered since 1992. However, the Supreme Court did not grant the lawsuit. The Supreme Court stated that the lawsuit was vague and premature.

IKEA (Intan Khatulistiwa Esa Abadi) vs IKEA Sweden

This time, the brand dispute occurred in 2013. The Swedish IKEA company filed a lawsuit against IKEA from Indonesia to cancel the same brand. The IKEA Indonesia trademark was legally registered with the Director-General of IPR in December 2013.

The Supreme Court did not approve the lawsuit from IKEA Sweden. Until 2016, the party entitled to bear the mark was not yet legal. However, the IKEA Indonesia manager said that the brand business was a decision from IKEA Sweden.

Toyota Lexus vs ProLexus

Disputes between local and international brands also occur with Toyota Lexus and ProLexus. The Japanese automotive company is suing the use of the Lexus name on other products.

Welly Karlan's Pro Lexus trademark was registered by the Directorate General of IPR in January 2014. There is even a 'Lexus' brand that is legally registered in Indonesia and has an extraordinary reputation.

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