Perlindungan Merek Dagang terhadap Penjualan Merchandise Illegal berupa Jersey dan Hoodie dalam Industri E-Sport Berdasarkan TRIPS Agreement di Indonesia

Abstract

The e-sports industry in Indonesia has experienced rapid growth in line with the increasing number of players and fans. One of the significant economic aspects of this industry is the sale of official merchandise, such as team jerseys and hoodies. However, the widespread circulation of illegal merchandise that uses trademarks without permission has caused various legal and economic problems. This study aims to analyze trademark protection in Indonesia's e-sports industry based on the Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and its implementation in national law, particularly in Law No. 20 of 2016 on Trademarks and Geographical Indications. This research employs a normative juridical method with a statutory approach. Data is obtained through literature studies, including legal regulations, academic journals, and cases of trademark violations in the Indonesian e-sports industry. The findings indicate that although Indonesia has ratified the TRIPS Agreement and incorporated it into national law, challenges remain in law enforcement, particularly weak oversight and enforcement against illegal merchandise. This study recommends more effective protection mechanisms for trademark owners, including increasing legal awareness, strengthening e-commerce supervision, and stricter law enforcement. Synergy between trademark owners, the government, and e-commerce platforms is necessary to curb the circulation of illegal merchandise, ensuring that trademark protection in the e-sports industry operates optimally in accordance with international TRIPS Agreement standards.