Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Trademark Protection for Small-Medium Enterprises in Bali: Strengthening Community-Based Tourism in the Era of Fourth Industrial Revolution

Author(s): Ni Ketut Supasti Dharmawan, Desak Putu Dewi Kasih, Anak Agung Istri Ari Atu Dewi, I Gede Agus Kurniawan, Made Dandy Pranajaya

Trademark protection plays an important role in the fourth industrial revolution, including to strengthen Micro-Small and Medium Enterprises (SMEs) in Bali tourism destinations. However, only a few of them had registered their brands based on Article 1 (5) of the new Indonesian Trademark Law Number 20 of 2016 in conjunction to Article 16 TRIPs Agreement to get appropriate protection. The aim of this study was to analyze the mechanism to protect SMEs from trademark contexts. By using empirical legal studies, the study found that protecting SMEs related to strengthen the community-based tourism in Bali become very important through trademark registration that not only domestically but also in different countries in order getting secure legal protection. In registering their brands, SMEs can rely on the right of priority as it is stipulated under the Paris Convention and Madrid Agreement including Madrid Protocol that provides more chance for the owner in registering their trademark by using international registration mechanism for many countries. To increase the registered trademark on SMEs, registration trademark incentive needs to be developed not only as a responsibility of the government but also by other parties such as the corporation by referring the model of Penta Helix.

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