PEMALSUAN MEREK OLI DI BENGKEL “SINAR JAYA MOTOR (SJM)” DI KABUPATEN LAMONGAN

Abstract

Abstract

                                              Based on interviews conducted by researchers with Mr. Didin as the owner of the Sinar Jaya Motor workshop, currently many used oil producers are dishonest by selling used oil that is reprocessed and sold like the original oil brand. 

                                           This study aims to examine the handling of the police in the crime of oil brand counterfeiting and this study is to find out the obstacles faced by the police in dealing with the crime of oil brand counterfeiting and to determine the police's efforts in handling the investigation of the oil brand counterfeiting crime. This research is a qualitative research  and descriptive analysis techniques.                                             

The results of the study indicate that the handling of the police in this case still has not picked up the ball, just waiting for complaints from the aggrieved party. The police take action or socialize the right to use used oil brands, including violating Article 100 of Law No. 20 of 2016 paragraph (1) concerning brands. The obstacles faced are in the implementation of legal protection for brand holders, including the lack of socialization of the trademark law and not enough action among law enforcement officers in dealing with trademark infringement. Efforts to overcome legal obstacles in cases of oil brand counterfeiting are carried out by the police and take action to pick up the ball and are supported by cooperation with competent parties in the field of trademarks, namely the Directorate General of Intellectual Property Rights.

Keywords: Crime, Counterfeit, Brand, Oil.