ACCOUNTABILITY OF THE E-COMMERCE PLATFORM AGAINST VIOLATION OF BRAND RIGHTS

Abstract

Sales of goods resulting from infringement of brand rights on e-commerce platforms are easy to find in the digital era. Whereas the prohibition of selling goods resulting from violation of trademark rights has been regulated in the Trademark and Geographical Indication Law and the Information and Electronic Transaction Law, but there are no specific rules governing the accountability of e-commerce platforms.
The problem in this paper is how the accountability of e-commerce platforms in Indonesia for the sale of violation of brand rights? Normative legal research methods. Prescriptive data analysis in examining various rules, theories and doctrines related to the accountability of e-commerce platforms and comparing Indonesian and European laws.
The results show that the e-commerce platform as a third party that brings together sellers and buyers, is responsible for selling goods through its platform. The e-commerce platform is not responsible according to Article 1365 of the Civil Code, if you do not know that the sale of goods through the platform is the result of a violation of brand rights, gives a warning to the seller and removes the seller's content. This is consistent with the Decision of The Court of Justice of the European Union (ECJ) on the dispute over L'Oréal v. eBay, which punishes the e-commerce platform eBay is responsible for selling brand rights infringing goods.
Indonesia must immediately regulate the responsibilities of the e-commerce platform related to the sale of goods resulting from infringement of brand rights so that it can become a juridical basis for legal liability for errors and negligence in managing the platform that cause losses