Academic journal article European Research Studies

The Role of Criminal Law Politics against Ambush Marketing Behavior in the Implementation of ASEAN Community

Academic journal article European Research Studies

The Role of Criminal Law Politics against Ambush Marketing Behavior in the Implementation of ASEAN Community

Article excerpt

1. Introduction

In the context of Indonesian Law, there is not much literature that deals comprehensively with regard to ambush marketing in the world of commerce. However, in the context of marketing in the marketing world of a product, ambush marketing is commonplace. And to date, legislative policy has not considered the need for setting up ambush marketing. Ambush marketing behavior itself began to be tracked in literature in 1984, by Burton, N. & Chadwick, S (2) has an inventory of at least 16 (sixteen) ambush marketing behavior, begins precisely at the implementation of the Summer Olympics in Los Angeles. Where there are two ambush marketing events in the event; First, Fuji Films is the official sponsor of the event, but KODAK sponsors TV stations to show their sponsored US Athletic Team. Second, it is known that the Converse brand is an official sponsor, but the NIKE brand is displaying banners or murals near the Los Angeles Memorial Coliseum, where the events take place.

Concluding from the illustrations expressed by Burton, N. & Chadwick, S, it is known that ambush marketing behavior is a marketing activity against a product brand in every sport event that is colossal (big). Where such behavior tries to divert or mislead the general view of a product brand that is the official sponsor of an event with a target of increased sales of the product's brand (Bondarenko et al., 2017.

The current business development of globalization has promised new opportunities and challenges for companies in Indonesia. The positive impact of rapid trade traffic in the era of globalization has created new business opportunities for the owners of capital (Akopova and Przhedetskaya, 2016; Sibirskaya et al., 2016). But on the other hand this situation could have a negative impact that is a fraudulent business competition. The emergence of fraudulent competition that is not in accordance with the legislation would cause harm to some honest business actors. Although brand competition is a demand for business actors to continue to work and strive to strengthen the existence of companies to compete in the market, the success of brand competition can not be separated from a good sales strategy, planned, and structured (Liapis et al., 2013). The formation of strategy in business competition begins by creating a brand (Trademark). Once the importance of a brand because in addition to the identity of the product, the brand will also foster consumer loyalty. Even along with the times, the brand is not just a sign, but includes the lifestyle. (3)

Intellectual Property (Intellectual Property Rights or IPR) is an asset that a person can own, sell, license, or even give away on pleasure. Unlike other assets, however, IPR, which is largely in the form of intangible objects and of a different kind, such as patents, designs, trademarks and copyrights, is an asset created from the creativity and innovation of the community, and the particular geographic location in question.

However, the lack of physical parameters where most of these assets can be defined or identified does not preclude the recognition of their innate value and the need to protect them from theft or unauthorized use, such as tangible assets. This is the main reason for the establishment of Intellectual Property Offices around the world. Intellectual Property Protection (IPR) stimulates creativity and innovation, which in turn spurs advances in industry and ultimately leads to national development. (4)

Although it is, to date, internationally still debated in relation to the classification of ambush marketing, whether it is in violation of the domain of Intellectual Property Rights or violations of the Competition Law? Can marketing strategies through ambush methods be classified as a violation of the law or is it simply a legalized method of marketing?

Each country is different in giving views to ambush marketing. …

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