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ANALISIS YURIDIS TERHADAP SENGKETA PENDAFTARAN MEREK DENGAN ADANYA UNSUR KESAMAAN YANG DIHUBUNGKAN DENGAN UNDANGUNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS.
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Article 28 Letter D of the 1945 Constitution states that everyone has the
right to recognition, guaranteed protection and fair legal certainty and equal
treatment before the law. These provisions are in line with Law number 20 of
2016 concerning Tradetrademarks and Geographical Indications contained in
article 3, namely, what is meant by Right to a trademark is obtained after the
trademark is obtained after the trademark is registered. The purpose of being
registered A tradetrademark is a form of human intellectual creation that has a
very decisive role for a company in the trade of goods or services. Brand is a sign
that can be used to identify a product or company in the trademarket. Trademarks
also contain aspects of legal protection for the owners and rights holders of the
trademark. Brand is very important in competition between producers because if
the product is of good quality, consumers will look for the product, therefore the
characteristics of the brand are needed. Through a brand, entrepreneurs build a
reputation, so that later the brand will have more value in its selling price.
More value at the selling price. This study uses a normative juridical
method using a statutory approach and a case approach. The statutory approach
method refers to Law No.20 of 2016 concerning and Geographical Indications.
Where as the case approach is an approach that has become a court decision with
permanent legal force, in this case, No 3/Pdt.Sus-Merek/ 2019 / PN.Niaga.Jkt.Pst
and 74 / Pdt.Sus-Merek / 2019 / PN.Niaga.Jkt.Pst. The research stages used
literature study, namely primary legal materials in the 1945 Constitution, and Law
No. 20 of 2016 concerning Tradetrademarks and Geographical Indications,
secondary legal materials containing official documents, as well as tertiary legal
materials that provide information on the Internet . The data collection technique
used was document study which was not directly shown to the research subject in
order to obtain related information. And analysis of data obtained by juridicalqualitative which refers to legal norms.
The results of this research are related to the registration of trademarks that
have an element of similarity and the efforts made by the government in dealing
with the similarity of trademarks. legal consequences of the dispute over the
tradetrademark equality of the owners of the Alstyle and Nacepim trademark did
not obtain rights to their trademarks in accordance with the provisions of Article 3
of Law No.20 of 2016 concerning Trademarks and Geographical Indications. As
well as the efforts that the government has made are not in line with Article 21
which should have experienced rejection when a trademark contains elements of
similarity to a trademark that has been registered at the Directorate General of
Intellectual Property Rights.
Sri Julianti - Personal Name
NONE
Text
INDONESIA
HUKUM UNLA
2020
BANDUNG
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APA Citation
Sri Julianti. (2020).ANALISIS YURIDIS TERHADAP SENGKETA
PENDAFTARAN MEREK DENGAN ADANYA UNSUR
KESAMAAN YANG DIHUBUNGKAN DENGAN UNDANGUNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK
DAN INDIKASI GEOGRAFIS..(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd