Generic Brand Law on Bakmie Bangka Brands that Use Public Domain

Abstract

Commercial activities involving goods and services in Indonesia have experienced significant growth, driven by advancements in information technology and transportation. This has led to a rapid expansion in the trade sector related to the production of goods and services. One method to protect these creations is through the use of trademarks. "Mie Bangka," also known as "Bakmi Bangka," is a distinctive cuisine originating from Bangka Island. This study examines whether the "Bakmie Bangka" brand can be categorized as a generic brand, the legal protections for generic brands within the framework of trademark rights, and whether the registration of the "Bakmie Bangka" brand infringes upon the public domain within trademark rights. This research utilizes a normative juridical approach, which includes the examination of published literature and conducting direct qualitative research with business operators. The findings of this study indicate that the name "Bakmie Bangka" can be classified as a generic brand.