SIMILARITIES OF FAMOUS BRAND KEY IN BLOCKCHAIN TECHNOLOGY TOWARDS IMPORTED GOODS TRADE

Resumo

Business actors who possess exclusive rights over the trade of imported goods will certainly be weak in facing parties who have first applied for the registration of a famous trademark, thereby creating an opportunity to demand legal accountability from parties trading goods without permission and rights. With the emergence of Blockchain technology, opportunities have opened for business actors to utilize it in trading goods that are comprehensively registered until received by consumers, and to enable good-faith business actors to avoid imitation of marketed products, thereby minimizing the occurrence of legal conflicts. Similarities in essential elements are often used by trademark hijackers to imitate registered trademarks resembling famous trademarks, thereby convincing consumers that the traded goods are authentic products. The existence of Blockchain certainly becomes evidence in a legal process that can facilitate tracing imported goods. In M. Isnaeni’s theory, legal protection for business actors in the use of Blockchain technology is emphasized because it gives rise to two forms of protection, both internally related to contracts agreed upon by distributors and principal producers, and externally created and directly provided by the government or state through laws and regulations. Therefore, the use of a normative juridical research method in this study aims to examine statutory regulations related to trade as well as trademarks and geographical indications in the use of blockchain technology for traded goods.