Brand Piracy or Counterfeiting

The problem of piracy or counterfeiting brand is a fraudulent act committed by irresponsible people with the intention of seeking multiple profits in the shortest possible time. The act can be said to be the same as a thief who seizes the property of others.

On the other hand, brand counterfeiting, which is the soul of a company, has a very negative effect because it reduces the company's performance. A brand not only functions as a tool to differentiate similar goods or services, but also functions as a company asset that is invaluable, especially brands that have become well-known brands (well know merk). By having a well-known brand, the company can control the market that is being contested by many people. Therefore, a well-known brand is a very reliable business performance in achieving profits and competition.

In the act of piracy or counterfeiting of brands, it is closely related to the crime of fraud because it deceives the public about the brands that have been imitated as stipulated in Article 378 of the Criminal Code. Regarding deceiving the public here, an example can be given such as:

  • making a brand that is almost the same (only imitating a part);
  • making the same brand (imitating entirely);
  • making a label/wrapper that is almost the same.

The act of piracy involving the use of well-known brands as deceptive brands for similar products is one of the threats that arise due to the difficulty of gaining trust in the community. Business people are often reluctant to come up with a breakthrough and new innovations that are able to attract people to buy their products, so they prefer to use brands that are already well-known to make their products sell well.