Special Power of Attorney and Its Role in Brand Management Authority: Evidence from Indonesia

Abstract

Revocation of Law Number 15 Year 2001 concerning trademark for new trademark law, namely Law Number 20 Year 2016 concerning Trademark and Geographical Indications, automatically, brings fundamental changes to the regulation of brands in Indonesia. One of them is precisely in the provisions of Article 19 paragraph (2) of Law Number 20 the Year 2016, concerning Trademarks and Geographical Indications. It is stated "if a withdrawal as referred to in paragraph (1) is carried out by his Proxy, the withdrawal must be based on a special power of attorney for the need for the recall ". The meaning of the phrase ‘special power of attorney’ arises to diverse interpretations. The cause of the multiple interpretations and ambiguity of norms is whether the advocate profession based on Law No. 18 of 2003 concerning advocates who have the authority as the recipient of legal counsel in a special power of attorney cannot be a power of attorney in handling matters related to intellectual property in the domain of the brand. This paper attempts to describe the phenomena as well as explain the phrase clearly.