CORPORATE CRIME PENALTIES IN BRAND FORGERY BASED ON LAW NUMBER 20 OF 2016 CONCERNING BRANDS AND GEOGRAPHICAL INDICATIONS

Abstract

Every trade in goods and services will have a brand as the identity of the goods and services it produces. Therefore, a brand has value or equity which is a benchmark for a product in trade. Because brands have high value, it is quite tempting for individuals or legal entities to gain benefits from the brand in question by using someone else's registered mark and in conflict with the law, including by counterfeiting the brand, either by individuals or corporations. The identification of this research is: How is a corporation deemed to have committed a criminal act and its responsibilities based on Law Number 20 of 2016 concerning Marks and Geographical Indications? The normative legal research method used in this research, the approach is analytical descriptive, using secondary data which is then analyzed qualitatively juridically. The results of this research are that research identifies that corporations can be made legal subjects that can be held criminally liable for trademarks, which can be identified from article 1 point 19 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications.