Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)

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Analysis of Criminal Liability for Brand Similarity

Authors
Muhammad Koginta Lubis1, Tommy Leonard1, Elvira Fitriyani Pakpahan1, *
1Doctoral Program In Law, Faculty of Law, Universitas Prima Indonesia (UNPRI), Medan, Indonesia
*Corresponding author. Email: elvirapakpahan@unprimdn.ac.id
Corresponding Author
Elvira Fitriyani Pakpahan
Available Online 3 January 2026.
DOI
10.2991/978-2-38476-531-7_54How to use a DOI?
Keywords
criminal liability; brand similarity; trademark law; intellectual property crime
Abstract

Brand similarity has become a central legal challenge in contemporary intellectual property enforcement, especially within jurisdictions that recognize trademarks as both commercial assets and instruments of consumer protection. Similar or confusingly similar marks can generate economic harm, mislead consumers, and undermine fair competition, which necessitates criminal sanctions in cases involving deliberate imitation or counterfeiting. This article analyzes the doctrinal construction of criminal liability for brand similarity by examining statutory frameworks, jurisprudential patterns, and comparative approaches adopted in several legal systems. Using a normative-legal method supported by statutory and case law analysis, this study identifies the thresholds used to determine criminal responsibility, including mens rea requirements, degrees of similarity, and evidentiary standards for establishing intent to deceive. The findings reveal significant variations among jurisdictions regarding the threshold of “likelihood of confusion,” the treatment of corporate offenders, and prosecutorial discretion in trademark-related crimes. These differences create gaps that affect cross-border enforcement and legal certainty for brand owners. This research argues for a harmonized standard of criminal liability that balances deterrence with proportionality. Ultimately, the study contributes to the discourse on strengthening trademark protection while safeguarding due process guarantees in criminal proceedings.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 January 2026
ISBN
978-2-38476-531-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-531-7_54How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Muhammad Koginta Lubis
AU  - Tommy Leonard
AU  - Elvira Fitriyani Pakpahan
PY  - 2026
DA  - 2026/01/03
TI  - Analysis of Criminal Liability for Brand Similarity
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 539
EP  - 547
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_54
DO  - 10.2991/978-2-38476-531-7_54
ID  - Lubis2026
ER  -