Perlindungan Desain Industri dan Merek dalam Fenomena Rework Fashion (Thrifting): Studi Yuridis Terhadap Modifikasi Pakaian Bekas Brand Internasional

Abstract

This study aims to analyze the protection of industrial design and trademarks in the phenomenon of rework fashion involving the modification of secondhand international branded clothing, as well as the limits of the exhaustion of rights doctrine. The research employs a normative juridical method with statutory and conceptual approaches, using secondary data collected through library research. The analysis is conducted qualitatively using a descriptive analytical method to interpret legal norms and examine their application to rework fashion practices. The results show that the exhaustion of rights doctrine does not apply absolutely when substantial modification occurs, as trademark and industrial design rights remain attached and may be infringed. The legality of rework fashion depends on the extent to which modifications eliminate the original identity of the product and do not create consumer confusion. This study identifies a legal transformation threshold that determines the shift from secondhand goods to new products, as well as the importance of identity severance to avoid infringement. Therefore, rework fashion operates within a legally vulnerable area and requires clearer boundaries between creativity and intellectual property protection..