Najib Yamin, Mohamad and Suparta, I Wayan and Sjofjan, Lindryani (2021) Analisis Hukum Terhadap Sengketa Merek Yang Memiliki Persamaan Pada Pokoknya Atas Merek Ayam Geprek Bensu (Studi Kasus Putusan Perkara Nomor 57/PDT.Sus.Merek/2019/PN Niaga JKT.PST.). Skripsi thesis, Universitas Pakuan.
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Abstract
Trademark is one of the exclusive rights in Indonesia which must be registered in order for a trademark to obtain its legality in full and the trademark right holder can publish the mark which has commercial economic value to consumers A trademark that has been registered for a long time and has been recognized by the public both regionally and internationally can be categorized as a well-known mark, in which case the well-known mark must be legally protected. A trademark registration in bad faith occurs where a trademark is registered without rights because the mark is not the creation of the registrant, but is the creation of another party or another party. The problem under study, namely How is the arrangement of brand disputes that have similarities in essence according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications? and How is the settlement of brand disputes which have substantially similarities to the Ayam Geprek Bensu brand? This type of research uses sociological normative legal research with the nature of analytical descriptive research, while the data collection techniques use library research techniques (library research), and data processing is carried out qualitatively. The results of the research show that the management of trademark disputes which have similarities in essence according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, namely the application is rejected if the mark has similarity in essence or in its entirety to the registered trademark of another party or is first filed by the party, other for similar goods and/or services (Article 21 paragraph (1) letter a). Then Article 100 paragraph (2) states that every person without the right to use a mark that is similar in principle to a registered trademark of another party for similar goods and / or services produced and / or traded, shall be punished with imprisonment of a maximum of 4 (four) years and / or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah). The settlement of trademark disputes that have similarities in essence to the Ayam Geprek Bensu brand is through the Commercial Court at the Central Jakarta District Court and the Supreme Court.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Subjects: | Fakultas Hukum > Hukum Perdata > Merek Dagang (Trademarks) Fakultas Hukum > Hukum > Sengketa |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | PERPUSTAKAAN FAKULTAS HUKUM UNPAK |
| Date Deposited: | 04 Oct 2022 06:51 |
| Last Modified: | 04 Oct 2022 06:51 |
| URI: | http://eprints.unpak.ac.id/id/eprint/4738 |
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