LEGAL PROTECTION OF RIGHTS HOLDERS OF REGISTERED MARKS FROM ISLAMIC LEGAL PERSPECTIVE
DOI:
https://doi.org/10.29103/micolls.v3i-.543Keywords:
Legal protection, brand rights, Islamic lawAbstract
Trademarks are valuable assets for companies and individuals, therefore, legal
protection of brand rights is very important. In the Trademark Law, it is stated that a
brand is a sign that can be displayed graphically in the form of an image, logo, name,
letter, word, number, color arrangement in 2 (two) dimensions, or 3 (three) dimensions,
hologram sound. or a combination of 2 (two) or more to differentiate between goods
and services trading activities. There are provisions that regulate the rights and
obligations of registered trademark holders. Famous or unknown brands must be
registered. Protection of this brand is not only regulated in positive law but also Islamic
law. This research is empirical juridical research by conducting field research. Deep
data collection methods.
This research uses documentation, and the data obtained is then analyzed descriptively
qualitatively through data reduction, presentation and drawing conclusions or
verification.
From the results of the research that has been carried out, it can be concluded that
trademark rights for goods/services in Islam are seen as assets whose ownership rights
must be protected from things that are detrimental to the brand owner. Brands that have
been protected in Islam must also comply with the provisions of the Koran and Hadith
as well as the ijtihad of ulama. This is similar to the provisions stated in MUI Fatwa
Number 1/MUNAS VII/MUI/5/2005 concerning the protection of Intellectual Property
Proceedings of 3rd Malikussaleh International Conference on Law, Legal Studies and Social Science
(MICoLLS) 2023, ISSN: 2985-3613 hal. 213-221
257
Rights (IPR) including the protection of brand rights. Under Islamic law, counterfeiting,
plagiarism or duplication without the permission of the brand owner is haram.
References
Drektor Djenderal HKI, Buku Panduan Hak Kekayaan Intelektual, Drektor HKI
Depkeh dan HAM, Jakarta, 2000.
Faturrahman Djamil, Hukum Ekonomi Islam Sejarah, Teori dan Konsep, Sinar
Grafika, Jakarta, 2013.
Kotler, Philip, Manajemen Pemasaran. Indeks, Jakarta, 2009.
Krissantyo Wordpress, Merek Logo Dalam Produk HKI, Diakses melalui
https://krissantyo.wordpress.com/2015/02/06/merek-logo-dalam-produkhukum-hki/. Diakses pada Tanggal 8 April 2023. Pukul 11.45 WIB.
Muhamad, alimin, “Etika Perlindungan Konsumen Dalam Ekonomi Islam”, BPFE
Yogyakarta, 2004.
Muhammad Djumhana, Hak Milik Intelektual, Sejarah Teori dan Prakteknya di
Indonesia, Citra Aditya Bakti, Bandung, 2003.
OK. Saidin, Aspek Hukum Hak Kekayaan Intelektual, Raja Grafindo Persada, Jakarta
Yulia, Modul Kekayaan Intelektual, Unimal Press, Lhokseumawe, 2015
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