The Benefits of Registered Trademark for MSME Actors in Surakarta City: A Case Study of IPR Protection

This research aims to examine and analyze the benefits obtained by MSME actors in Surakarta after registering their trademarks. This research uses the empirical research method. The primary data were collected using direct interviews. The data obtained in this research were then analyzed qualitatively to analyze problems and answer study purposes. The results show that the IPR has provided legal certainty and protection for the Owner. Apart from getting legal protection, the rights Owner of the trademark also gets material and immaterial benefits. In this case, the rights Owner of the Mal Mel trademark feels the immaterial benefits. Furthermore, the rights Owner of the Mal Mel trademark prefers to give a direct warning if she finds a social media account plagiarizing his trademark rather than through positive legal procedures. At the same time, the rights Owner of the Mal Mel trademark does not think of making a profit by earning and receiving compensation from plagiarists. Therefore, it is recommended for every business actor, especially those with large and developing scales, to register their trademarks. In addition, MSME actors can also register the trademark to DGIP using the collective system. On the other hand, it is also recommended for the Government increase public understanding and trust in solving problems through positive legal procedures, even though the crime of IPR plagiarism is included in the category of constituted complaint delict.


INTRODUCTION
Indonesia's economy is becoming increasingly rapid in the era of increasing modern technological advances. This development is marked by the participation of software, networks, protocols, and specifications, which gave birth to a new term called electronic commerce (e-commerce). E-commerce in the broader scope of the economy is called e-business. E-business not only serves the needs of consumers but also accommodates and becomes a space for collaboration between business people. Lou Gerstner in Park (2007) argues that: "E-business is about time cycle, speed, globalization, enhanced productivity, reaching new customers, and sharing knowledge across institutions for competitive advantage." At the same time, the economy is one of the most important dimensions of life that Indonesia needs to develop. These developments gave birth to PENDAHULUAN Di era kemajuan teknologi modern yang semakin meningkat, perekonomian Indonesia menjadi semakin pesat. Perkembangan ini ditandai dengan keikutsertaan perangkat lunak, jaringan, protokol, dan spesifikasi, yang melahirkan istilah baru yang disebut perdagangan elektronik (e-commerce). E-commerce dalam lingkup ekonomi yang lebih luas disebut e-business. E-business tidak hanya melayani kebutuhan konsumen tetapi juga mengakomodir dan menjadi ruang kolaborasi antar pelaku bisnis. Lou Gerstner dalam Park berpendapat bahwa: "E-business adalah tentang siklus waktu, kecepatan, globalisasi, peningkatan produktivitas, menjangkau pelanggan baru, dan berbagi pengetahuan lintas institusi untuk manfaat yang kompetitif." Pada saat yang sama, ekonomi merupakan salah satu dimensi kehidupan terpenting yang perlu dikembangkan oleh Indonesia. Perkembangan tersebut various industrial economic sectors that contributed to economic growth and job opportunities for the community. In addition, the industrial sector became a savior in the process of national economic recovery after Indonesia experienced the monetary crisis in 1998 (Nugroho & Hermawan, 2020). Furthermore, the sector also saved the national economy in the 2008-2009 period due to the impact of the crisis in Europe and the United States (Pavlínek, 2012). Therefore, the Government presents many laws and regulations that lead to the growth of business and industrial activities (Brockhaus et al., 2012).
The development of this industrial sector encourages people to be more active and productive (Rodhiyah, 2015). In addition to employment, the existence of the industrial sector also contributes to reducing urbanization and increasing every business actor's creativity (Yusri et al., 2022). Due to the competitive nature of industrial development, business actors must have rights to their trademarks for the sake of the sustainability and existence of their business. In this case, the products of large, medium, small, and home industries are domiciled in an area. Trademarks have an important role in the development of the business world. Marks at this time have become a prestige in the community, and a person's prestige lies in the products or services used. Marks have developed into a lifestyle because they can increase self-confidence or determine a person's social stratification (Lumopa et al., 2018).
Marks are part of the scope of Intellectual Property Rights, often abbreviated as IPR. IPR are rights to property that arise or are born from human intellectual abilities. IPRs are categorized into Copyright and Corporate Property Rights (Mafulah, 2020). In addition, IPR consists of Right on Mark, Patent, Industrial Design, Copyright, Geographical Indication, Layout Design of Integrated Circuit (LDIC), Trade Secret, and Communal Intellectual Property (DGIP, 2022a).
In providing certainty of trademark protection to business actors, the Government first affirms the limits on marks and trademarks. In this case, based on Article Flashback to the provision of mark protection in Indonesia began with applying the declarative principle (first to use). In this case, whoever uses the mark for the first time will automatically get legal protection without carrying out the rights registration procedure (Budiman, 2019). Applying the declarative principle is regulated in Article 2 section (1) of Law of the Republic of Indonesia Number 21 of 1961 on Corporate Mark and Trademark.
The application of the declarative principle was then replaced with a constitutive principle (first to file). Legal protection is only given to the owner who first registered the mark in this case (Buchan, 2014 On the other hand, Kartohadiprodjo (2010) explained that the essence of the purpose of the law is to realize justice for everyone. In this case, business actors get protection after obtaining their certificate of trademark right. In contrast, we can see that many business actors still need to carry out trademark registration (Betlehn & Samosir, 2018). In addition, several business actors own IPR but whose trademarks are still plagiarized by irresponsible parties (Tusikov, 2019). Mal Mel is one of the trademarks that has been registered but is still plagiarized by other parties.
Previous studies have also discussed legal protection and certainty related to trademark rights. Hafizah and Apriani (2022) concluded that the corporate trademark dispute between Hardwood Private Limited vs. PT Unilever Indonesia Tbk was resolved using the litigation method to achieve legal certainty. Sugianto and Marpaung (2022)  costs, time, effort, and accuracy of decisions because experts in the field of intellectual property law handled them. Yanti and Marpaung (2022) concluded that MS Glow corporate would accept dispute resolution if it received compensation of 60 billion rupiahs from PS Glow corporate.
From the description above, it can be understood that previous studies discussed legal protection and certainty through litigation and non-litigation processes. In this case, through the Commercial Court and the Intellectual Property Arbitration and Mediation Agency. In contrast, this study discusses MSME actors who give warnings directly to trademark plagiarists rather than through positive legal procedures. In addition, previous studies discussed the benefits of compensation obtained by trademark rights owners. In contrast, this study discusses trademark rights owners who avoid getting benefits by suing and receiving compensation from plagiarists.
Based on the description above, this research aims to examine and analyze the benefits obtained by MSME actors in Surakarta after registering their trademarks.

METHOD
This research uses the empirical research method. In this case, research whose object of study includes the provisions of laws and regulations (in abstraco) and their application to legal events (in concreto) (Qamar & Rezah, 2020). Furthermore, this type of empirical legal research focuses on legal practice as a social phenomenon in terms of the reciprocal relationships caused by social phenomena, including economic, political, social, psychological, and anthropological aspects (Irwansyah, 2021). This research was carried out during September 2022 in Surakarta City. The key informant in this research consisted of one MSME actor selected by purposive sampling technique. The types and sources of data used in this research are as follows: 1. Primary Data is data obtained directly from key informant; 2. Secondary Data is data obtained from searching legal literature, including laws and regulations, references, legal scientific journals, legal encyclopedias, and texts or official publications.
The primary data were collected using direct interviews with Wahyu Tiarni, familiarly called Ayu as the rights Owner of the Mal Mel trademark. While the secondary data was collected using literature study techniques on primary, secondary, and tertiary legal materials. The data obtained in this research were then analyzed qualitatively to analyzing problems and answer study purposes. waktu, tenaga, dan ketepatan putusan karena ditangani oleh para ahli di bidang hukum kekayaan intelektual. Yanti dan Marpaung menyimpulkan bahwa perusahaan MS Glow akan menerima penyelesaian sengketa jika menerima kompensasi sebesar 60 miliar rupiah dari perusahaan PS Glow.

Legal Protection and Certainty Trademark Rights based on Law No. 20 of 2016
Mark registration with the principle of being first to file in this era of rapid development of digital technology is very likely to cause IPR problems. In this case, some parties publish their trademarks but must register the mark with the Directorate General Intellectual Property (DGIP). At the same time, other parties are not inventors but register the mark with DGIP. So that the party that registers has the right to mark, and the inventor who uses the mark for the first time cannot claim the mark (Arif & Rosni, 2018).
In essence, IPR provides economic benefits to every rights owner. In this case, payment for a license from a party who wants to get economic benefits from the registered product (Sulastri et al., 2018 From the provisions above, it can be understood that trademark rights protection applies to parties who make license agreements. However, the party who enters into a license agreement with the rights owner will only receive legal protection from the Government if the agreement is recorded and published in the Mark Gazette. In this case, Article 42 section (5) of Law No. 20 of 2016 regulates that: "The Licensing agreement that is not recorded does not bring legal effect to the third party." In contrast, any party using a registered mark will be subject to criminal sanctions. In this case, the party uses the mark without permission from the owner and holder of the right on the mark. Article 100 section (1)  In addition to the sanctions above, there are also criminal sanctions for those who use certain marks similar to those registered in DGIP. In this case, Article 100 section (2) of Law No. 20 of 2016 regulates that: "Every person unlawfully uses any Mark which is substantially similar to registered Mark of another party for similarly produced and/ or traded goods and/or services, shall be sentenced to imprisonment for up to 4 (four) years and/or fines up to IDR 2,000,000,000.00 (two billion rupiahs)." From the provisions above, it can be understood that every right within the scope of IPR has received legal protection and certainty from the Government if it has been recorded and published in the Mark Gazette. Although mark registration is carried out with the principle of first filing, the Government still considers the good faith of the applicant. The applicant who registers their trademark must be properly and honestly assessed without any intention to piggyback, imitate or plagiarize the reputation of another party's trademark. In this case, it is indicated that an applicant's interest results in loss to other parties or creates conditions of fraudulent competition, deceiving, or misleading consumers (Anugraha, 2020). Furthermore, the objectives of implementing IPR protection include the following (Sardana et al., 2020): 1. Anticipating other parties in claiming the intellectual work of the party who created it for the first time; 2. Increasing competitiveness and market share in the commercialization of intellectual property goods/services; 3. As a material consideration in determining the strategy of research, business, and industry in Indonesia.

Benefits of Registered Trademark for MSME actors in Surakarta City
One of the objectives of implementing IPR protection is to increase competitiveness and market share in commercializing intellectual property goods/ services (Singh, 2015). As previously explained, the Government has provided legal protection and certainty for those who register their trademarks in DGIP. Article 1 point 5 of Law No. 20 of 2016 explains that: "Right on Mark means the exclusive right granted by the State to a registered Mark owner for a definite period to use his/her Mark or authorize others to do otherwise." Every MSME actor expects this condition to survive in the current era of industrialization. On the other hand, every MSME actor must use a mark as an identity Kondisi ini diharapkan oleh setiap pelaku UMKM agar dapat bertahan di era industrialisasi saat ini. Di sisi lain, setiap pelaku UMKM wajib menggunakan merek for the goods he produces or the services provided to his consumers. As explained in Article 1 point 1 of Law No. 20 of 2016, a mark is also an identifying identity, simultaneously a differentiator between the marks of one particular business actor and the marks of other business actors.
Wahyu Tiarni, familiarly called Ayu as an MSME actor with the Mal Mel trademark, also expects this condition. As an MSME actor in Surakarta City, Ayu has obtained the Right on Mark. Mal Mel trademark has been recorded and published in the Mark Gazette. In addition, Mal Mel trademark can also be seen on the DGIP (2018)  It is well known that violations against well-known marks often occur in the trading world. Violations occur because an irresponsible party wants to benefit from using the mark (Mirfa, 2016  "We have made products using quality materials and good motives. However, our customers buy the crafts offered by other social media accounts that use the name and logo design of Mal Mel. So that our consumers no longer order because they judge that our handicraft products are of poor quality." From the description above, it can be understood that plagiarism by irresponsible parties also has an impact on the reputation of the trademark of Mal Mel's Homecraft. In this case, consumers buy craft products that Mal Mel's Homecraft does not produce. Therefore, consumers will be disadvantaged because they get poor-quality handicraft products. At the same time, Mal Mel's Homecraft will suffer immaterial losses due to the loss of trust from its consumers. On the other hand, Mal Mel's Homecraft has collaborated with many parties or agencies and is united in one organization with several other MSMEs in Surakarta City. From the description above, it can be understood that every business actor, especially those with large and developing scales, is strongly advised to register their trademarks. On the other hand, registration of trademark rights can be done by a person, a legal entity, or collectively. Furthermore, business actors must ensure that there are special characteristics in their trademarks when applying for registration. In addition, trademark registration in Indonesia does not require a philosophical explanation of the mark. In contrast, the marks applied for registration must be substantially different or not identical to the registered marks or well-known marks of other corporations (Perdana & Pujiyono, 2017). In this case, Ayu said:

"The registration process until the Mark Certificate is issued by the Minister takes little time because the mark name is unique and has never existed. Mal Mel is taken from the names of Malik and Melati."
The following are the stages for applying for registration until the issuance of a registered mark right certificate: 1. Application for registration of the mark; 2. Mark registration formality examination; 3. Filing date dan publication application; 4. Substantive examination of the mark; 5. Record and publication of registered marks; 6. Certificate issuance of the right on the registered mark.
The provisions for the stages above are regulated in Article 4 to Article 24 of Law No. 20 of 2016. At the same time, the flowchart, time, and payment of the stages above can be seen on the DGIP (2022b) website. From the description above, it can be understood that the benefits obtained are not only limited to material benefits but also to obtain immaterial benefits. Other immaterial benefits can be in the form of increasing the confidence of business actors, positioning business actors to be more visionary, and increasing consumer confidence in the quality of business actors' products.
In general, products that do not have a mark or identity are usually less trusted by potential consumers (Firdausy & Mahanani, 2021). So that after business actors register marks, many consumers are interested in making transactions because they feel safer and more secure. Therefore, it is not surprising that the mark is a very important part of the implementation of the marketing of a goods/service (Julvirta et al., 2022). The role of marks in marketing is very important because the public often associates the quality or reputation of goods and services with a certain mark. In addition, the mark must also have significant differentiating power from other marks. In this case, each particular trademark represents the quality of goods based on the raw materials used in producing the product. This condition is what distinguishes goods or services from one corporate to another.
On the other hand, there are still acts of trademark plagiarism even though Mal Mel's Homecraft has obtained a certificate of the right on the mark. However, Ayu easily solved the problem. In contrast, Ayu had difficulty resolving the problem when she had yet to obtain The Mal Mel trademark rights. In addition, Ayu has never filed criminal or civil prosecutions against those who plagiarized Mal Mel trademark. From the description above, it can be understood that although the IPR has provided legal certainty and protection for the owner, the owner of the right on the mark prefers to give a direct warning rather than through positive legal procedures. In this case, positive legal procedures require a long time to complete, difficult administrative processes, and costs to handle cases are costly. On the other hand, most MSME actors, as IPR owners, do not think of making a profit by suing and receiving compensation from plagiarists. Therefore, public understanding and trust still need to be improved in solving problems through positive legal procedures even though the crime of plagiarism is included in the category of constituted complaint delict.

CONCLUSIONS AND SUGGESTIONS
Based on the results and discussion above, it can be concluded that the IPR has provided legal certainty and protection for the Owner. Apart from getting legal protection, the rights Owner of the trademark also gets material and immaterial benefits. The immaterial benefits can be in the form of increasing the confidence of business actors, positioning business actors to be more visionary, and increasing consumer confidence in the quality of business actors' products. In this case, the rights Owner of the Mal Mel trademark feels the immaterial benefits. Furthermore, the rights Owner of the Mal Mel trademark prefers to give a direct warning if she finds a social media account plagiarizing his trademark rather than through positive legal procedures. At the same time, the rights Owner of the Mal Mel trademark does not think of making a profit by 10 Interview Dari uraian di atas, dapat dipahami bahwa meskipun HKI telah memberikan kepastian dan perlindungan hukum bagi pemiliknya, namun pemilik hak atas merek lebih memilih untuk memberikan peringatan secara langsung daripada melalui prosedur hukum positif. Dalam hal ini, prosedur hukum positif membutuhkan waktu penyelesaian yang lama, proses administrasi yang rumit, serta biaya penanganan perkara yang mahal. Di sisi lain, sebagian besar pelaku UMKM sebagai pemilik HKI tidak berpikir untuk mencari keuntungan dengan menggugat dan menerima ganti rugi dari penjiplak. Oleh karena itu, pemahaman dan kepercayaan masyarakat masih perlu ditingkatkan dalam penyelesaian masalah melalui prosedur hukum positif meskipun tindak pidana penjiplakan termasuk dalam kategori delik aduan.