Brand is important in the world of industry and commerce. The use of a trademark in the sense as we know it today began to develop shortly after the start of the industrial revolution in the mid-eighteenth century, which is used to mark products produced with the intention of showing the origin of goods.
The development of modern trade system demands for adjustments in the legal protection of the brand of the products traded. Given this reality, it is talking about the brand should begin with analyzing the economic rationalization and justification of law. In other words, it examines philosophical about the brand needs to be prioritized rather than limited to the administrative side, such as trademark registration, trademark cancellation and so on. Even though the brand has issued various regulations, the brand is still very much offense. The case of impersonation, piracy or reputation rearguard (the passing of), and other intellectuals property.
In the expansion, leading brand functions as a promotional tool (means of trade promotion) for producers or entrepreneurs who trade in goods and services. Overseas brand is often used to maintain goodwill in the eyes of consumers, and the brand is a symbol that can be used to expand the market for the merchants abroad, as well as maintaining the market.
Violation in the brand made a prohibited act as a crime in the criminal policy framework, which is a rational effort of the community to solve crimes. The function of the criminal law as a social control is used to overcome the evil in the form of violation in the brand. This means that the norms that exist in the field of IPR, especially brand enforced by criminal law. The function of the law here to control human behavior in economic activities that do not harm others. In the field of trademark law to ensure businesses safeguard their economic activities and objectives.
Brand is an identity for a product produced by a manufacturer that is part of the assets of the company. This identity can be said to have an understanding of the quality of the production of goods, which means that the item has its own characteristics. This is what the law requires protection. In the event of hijacking the brand but the quality of different goods will disrupt the stability and assurance to the consumer of the goods.
Brand is also a guarantee of the security of private ownership of a trade product, which, if these trade products have in common with other people’s merchandise, then the state in this case Trademark Office as a deputy is obliged to reject the registration of a brand.
For a brand, it would be difficult to determine, including the level of a particular brand Which is classified as a famous brand. This will greatly depend on the products produced and used by consumers in general, with a particular brand or product that is close to the daily lives of consumers. That is why the approach taken to define a well-known brand is based on the law.