Peranan Pelindungan Hukum Merek Atas Produk UMKM (Usaha Mikro Kecil Menengah) untuk Mendukung Pembangunan Ekonomi Kreatif (Studi: Provinsi Sumatera Utara)

Abstract

The development of MSMEs (Micro, Small, and Medium Enterprises) in Indonesia can be said to have a significant impact on the economic sector. MSMEs play a crucial role in driving the creative economy. One vital aspect supporting MSMEs is the legal protection of trademarks for their products. Legal protection for MSME products is an essential factor in fostering the growth of the creative economy. With legal protection, MSME products can be safeguarded from fraudulent practices such as counterfeiting and piracy. A trademark not only serves as a product's identity and a tool to build reputation and consumer trust but also helps expand the market for MSMEs while encouraging innovation and creativity in product development. According to data from the Ministry of Cooperatives and SMEs, MSMEs contribute approximately 60% of Indonesia's GDP, with North Sumatra being one of the provinces experiencing significant MSME growth. However, many MSMEs in this province are unaware of the importance of trademark protection. Given this background, this study aims to analyze why MSMEs are reluctant to use trademarks as distinguishing marks for their products, examine whether trademark regulations and MSMEs can support creative economic development, and explore how legal trademark protection for MSME products can contribute to creative economic growth in North Sumatra. This dissertation research employs a Mixed Methods approach, combining qualitative and quantitative methods. It begins with a survey to gather quantitative data on MSME perceptions and practices regarding trademark protection, followed by interviews to explore the findings from the survey in depth. Reluctance to registertrademarks by MSMEs is caused by a lack of understanding of the importance of trademarks, the cost of trademark registration, a long and complex registration process, concerns about the rejection of the proposed trademark, a mentality oflong and complex registration process, fear of rejection of the proposed trademark, short-term mentality (focus on profit) and weak law enforcement,short-term mentality (focus on profit) and weak law enforcement for trademark infringement.To increase awareness and participation of MSMEs in trademark registration, education and socialization efforts are needed.To increase the awareness and participation of MSMEs in the registration of trademarks, education and socialization efforts and cooperation from the government and related institutions are needed.related institutions. Trademark regulation and MSME development have a crucial role in supporting creative economic development.support the development of the creative economy. Overall, legal protection oflegal protection plays a very important role in supporting MSME products and creative economic development.Through effective protection, MSMEs can innovate, compete, and contribute significantly to the economy,and contribute significantly to the economy. Therefore,it is important to continue to strengthen regulations and provide socialization on the importance of brand registration for MSMEs so as to protect MSMEs from brand penetration. MSME players so as to protect MSMEs from the penetration of incoming global brands.The absence of special trademark registration arrangements for MSMEs in the creative economy sector in the substance of the Trademark Law causes the low registration of trademarks the low level of trademark registration. Trademark legal protection plays a vital role in supporting MSME products in North Sumatra. With the growing creative economy sector, trademark protection not only safeguards products from counterfeiting and misuse but also serves as a key to preserving product identity, enhancing competitiveness, and fostering innovation. Differentiating registration fees for MSMEs and non-MSMEs and simplifying the registration process are seen as ideal models to minimize inconsistencies in the application of laws related to MSME trademark registration.