Reconstruction of the Elements of the Criminal Offence of Using a Registered Trade Mark under the Trademarks and Geographical Indications Act

Based by Article 100 – 102 of the Trademark and Geographical Indication Law, the formulation of this article contains multiple interpretations or legal ambiguity (verge normen), that’s was impact in issues ranging from the investigation stage to trial proceedings. These problems constitute a juridical rationale for the necessity of reconstructing the criminal offense provisions concerning the use of registered trademarks within the said law. This research is normative legal research employing a statute approach. The results indicate that the problems arising from multiple interpretations in Article 100 - 102 stem from the absence of clear and concrete boundaries regarding the criteria for the elements of the criminal act of using a registered trademark. This lack of distinction blurs the boundary between the criminal regime and civil trademark disputes—which should be resolved through civil lawsuits in the Commercial Court—thus causing judicial disparity in practice. Consequently, the findings of this normative research give rise to concepts for reconstructing the criminal provisions on the use of registered trademarks under the Trademark and Geographical Indication Law to address the deficiencies in Article 100 – 102 and optimize case resolution efforts aimed at realizing the principle of legal certainty.