Economic and Legality Aspects of Imitation Brands

Abstract

This article is a literature review that focuses on the study of imitation brand of product from the economic and legal aspects. In today's business competition, the phenomenon of brand transgression often occurs. Brand transgression is a form of infringement of Intellectual Property Rights (IPR). Infringement of IPR on brands can be identified into four categories, namely: counterfeit brands, pirated brands, gray market products, and imitation brands. Although imitation brands are one type of IPR infringement, not all imitation brands violate IPR. The basic concept of imitation brand is the similarity in terms of the brand with the original brand, which is also implicitly similar in terms of quality/performance of the product. Therefore, this study is important to clarify the dichotomy so that it can provide scientific contributions, especially marketing science. The determination an imitation brand, including violating intellectual property rights or not, is based on the level of consumer confusion (likelihood of brand confusion) caused by the similarity of the brand