KEPATUHAN INDONESIA PADA AGREEMENT ON TRADE RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS STUDI KASUS: PEMALSUAN PRODUK FASHION TAHUN 2010-2015

Abstract

The detrimental effect of counterfeiting was the main factor of the WTO-TRIPs
Agreement establishment. TRIPs Agreement has been regarded as the international
intellectual property rights (IPRs) regime which its important role is providing minimum
standards of the intellectual property rights protection and enforcement. Fashion
counterfeiting has been one of the phenomena that infringes most of IPRs, particularly on
trademarks. It requires global consciousness due to its undetected nature and negative
impacts, especially for Indonesia. Indonesia is one of the largest producers in fashion
industry. Ironically, it has experienced major counterfeiting problems in its respective
regions. Indonesia itself is considered to have potential contribution to the counterfeit
fashion trade. However, Indonesia is committed to comply with TRIPs’ regulations due to the
single undertakings principle that was agreed upon joining WTO’s membership. This
research aims to explain and analyze the influence of TRIPs Agreement on Indonesian
compliance in addressing fashion product counterfeiting in 2010-2015. The qualitative
method with Rationalist-Functionalism approaches are being used to answer the research
question. The result of the analysis is TRIPs Agreement has influenced Indonesian
compliance in addressing fashion product counterfeiting in 2010-2015 by: (1) taking into
account the relevance and realization of TRIPs Agreement function as international IPRs
regime towards counterfeiting issue; (2) affecting Indonesian perception on the importance
to provide adequate trademarks protection and enforcement for its fashion industri; and (3)
providing economic incentives in the form of reputation, market access, and investation.