PENEGAKAN HUKUM PIDANA TERHADAP PEMALSUAN MEREK DAGANG DI KOTA PADANG

Abstract

ABSTRAK

Article 90 to Article 95 of Law No. 15 of 2001 on Marks set therein about the crime of counterfeiting brands where in regulated fines and penalties ranging from 200 million to 1 billion rupiah and / or imprisonment of 1 to 5 (five) years. Famous brand often counterfeited due to its economic value is very high. As a result, the owner of rights to the brand of legitimate feel aggrieved interests. The problem in this research are: 1) how does law enforcement against trademark rights holder of the crime of counterfeiting in Padang? 2) What are the barriers of law enforcement for rights holder’s trademarks of the crime of counterfeiting in Padang? This study used socio legal approach. Sources of data used are primary data and secondary data. Data were collected through interviews and document study. The collected data were analyzed qualitatively. Base on the research can be concluded that 1) Law enforcement against trademark counterfeiting committed by police officers after getting reports of victims / witnesses who alleged trademark who know that have been forged by other parties. 2) Obstacles encountered by police officers is restricted to a complaint and also in other obstacle is that the items to be seized have been sold in part, so that investigators cannot seize counterfeit goods in its entirety.

Keywords: Law Enforcement, Fraud, Trademark, Trade