Happy Rayna Stephany, Andin Aditya Rahman
Brands and branding are one of the most important aspects of commercial products. Consumer behavior is known to be influenced by brand awareness with a general consumer preference for famous and reputable brands.
It is not uncommon for new market entrants to attempt to to make copycat products of famous brands in order to gain profits and leverage off an established brand . This practice sometimes ends in disputes, even court cases.
While clearly an issue for the holders of famous brands in thebusiness world, lawyers, experts, and officials alike are also debating whether or not there is a need for a specific regulation to better regulate the management and use of famous brands including how to determine if a brand is famous.
Riyo Hanggoro Prasetyo, an intellectual property lawyer, notes that the more famous a brand, the higher its value.
“Don’t be surprised if the owner of a famous brand is willing to fight tooth and nail and spend a lot of money to defend their rights,” stated Riyo in an interview with Hukumonline in Jakarta on Monday.
Riyo is of the view that a specific regulation covering famous brands is urgently needed. According to Riyo, an ideal criteria to determine if a brand is famous or notis a minimum number of brand registrations in different countries.
“I feel that further legislation on famous brands is needed so that the Directorate of Brands can provide further protection for famous brands to the highest possible level,” stated Riyo.
Meanwhile, Insan Budi Maulana, an intellectual property expert, is of the opposite view and asserts that a specific regulation on famous brands is unnecessary. He believes that the popularity of a brand is for judges to decide.
“In any country whether or not a brand is famous is not decided by a government regulation. As long as a company promotes and uses a brand, that is sufficient to determine whether or not it is famous,” explained Insan in the same interview with Hukumonline.
In response, Ahmad M. Ramli, Director General of Intellectual Property Rights, stated that his institution has directed their specific attention to this issue. This is due to the broader implications of declaring a brand to be a famous brand in deterring the registration of other brands.
“A famous brand’s position will be higher than other brands that are not well known. It can cover a lot of things,” Ramli said.
Ramli asserted that he intends to give this matter further consideration and put forward details on the criteria to be deemed a famous brand. However, this criteria will not be too detailed as Ramli asserts that the popularity of a brand is something for judges to decide.
(hot/kc)
Happy Rayna Stephany, Andin Aditya Rahman
Brands and branding are one of the most important aspects of commercial products. Consumer behavior is known to be influenced by brand awareness with a general consumer preference for famous and reputable brands.
It is not uncommon for new market entrants to attempt to to make copycat products of famous brands in order to gain profits and leverage off an established brand . This practice sometimes ends in disputes, even court cases.
While clearly an issue for the holders of famous brands in thebusiness world, lawyers, experts, and officials alike are also debating whether or not there is a need for a specific regulation to better regulate the management and use of famous brands including how to determine if a brand is famous.
Riyo Hanggoro Prasetyo, an intellectual property lawyer, notes that the more famous a brand, the higher its value.
“Don’t be surprised if the owner of a famous brand is willing to fight tooth and nail and spend a lot of money to defend their rights,” stated Riyo in an interview with Hukumonline in Jakarta on Monday.
Riyo is of the view that a specific regulation covering famous brands is urgently needed. According to Riyo, an ideal criteria to determine if a brand is famous or notis a minimum number of brand registrations in different countries.
“I feel that further legislation on famous brands is needed so that the Directorate of Brands can provide further protection for famous brands to the highest possible level,” stated Riyo.
Meanwhile, Insan Budi Maulana, an intellectual property expert, is of the opposite view and asserts that a specific regulation on famous brands is unnecessary. He believes that the popularity of a brand is for judges to decide.
“In any country whether or not a brand is famous is not decided by a government regulation. As long as a company promotes and uses a brand, that is sufficient to determine whether or not it is famous,” explained Insan in the same interview with Hukumonline.
In response, Ahmad M. Ramli, Director General of Intellectual Property Rights, stated that his institution has directed their specific attention to this issue. This is due to the broader implications of declaring a brand to be a famous brand in deterring the registration of other brands.
“A famous brand’s position will be higher than other brands that are not well known. It can cover a lot of things,” Ramli said.
Ramli asserted that he intends to give this matter further consideration and put forward details on the criteria to be deemed a famous brand. However, this criteria will not be too detailed as Ramli asserts that the popularity of a brand is something for judges to decide.
(hot/kc)