KEADILAN DALAM PERLINDUNGAN MEREK UMKM: EVALUASI HUKUM ATAS HAMBATAN DAN SOLUSI DALAM PENDAFTARAN HAK KEKAYAAN INTELEKTUAL

Abstract

The rapid growth of the Information Technology (IT) industry has provided significant opportunities for expansion of Micro Small Medium Enterprises (MSME) without exception to Indonesia business industry especially in the recent years following the world economic recovery from a global pandemic. However, this growth has also brought forth a myriad of challenges, particularly in the realm of trademark protection and registration. This literature review aims to explore the formal legal challenges faced by MSME owners in the process of trademark registration and its protection, it begins by emphasizing the importance of trademarks competitiveness for MSME and their role in fostering healthy business competition, and to enhance their legal literacy and awareness. Subsequently, this study delves into the procedural aspects of trademark registration and its protection in Indonesia, shedding light on the challenges encountered by MSME owners during this process. These challenges encompass issues such as lack of awareness and insufficient information on intellectual property, budget constraints, and the slow enforcement of intellectual property laws. Furthermore, this study examine the implications of said legal challenges on the development of Indonesian MSME and proposes strategies to address these obstacles by providing a comprehensive analysis that offer valuable insights for policymakers, legal practitioners and Indonesian MSME owners, that could contribute to a deeper understanding of the subject.