The Protection of Trademark Rights Against Passing Off Related to Consumer Protection

Abstract

The protection of Intellectual Property Rights is a law enforcement national agenda that is closely related to the international agreement. Indonesia has ratified the WTO and TRIPs, as a consequence, Indonesia must subject to the globalization principles as stipulated in the world agreement and harmonize the provisions of IPR law under the TRIPs Agreement. This paper analyzes the trademark legal protection related to TRIPS ratification of fraudulent acts committed by businesses through passing off as a form of consumer protection. Protection to every right arising from human creativity in commerce and the rapid growth of electronic commerce transactions are increasing along with the rapid pace of people performing imitation/reputation riding of others (passing off). Research method used is normative juridical with descriptive analysis. The study found that Indonesia must prevent any infringement of IPR including the entry of counterfeit and imitation goods primarily within the framework of consumer protection.