PELANGGARAN MEREK TERKENAL DAN PERLINDUNGAN HUKUM BAGI PEMEGANG HAK DALAM PERSPEKTIF PARIS CONVENTION, TRIPS AGREEMENT DAN UU MEREK INDONESIA
Abstract: Legal protection for
well-known mark owner is important to study because many well-known mark have
been infringed domestically and internationaly causing damage to the well-known
mark owner. This research discusses 2 (two) main issues namely the legal
protection for well-known mark owner and legal action and sanctions imposed
against to the infringer by the Paris Convention, TRIPs Agreement and Indonesia
Trademark Law. This research applies normative research method. Meanwhile the
approach method use statute approach method and comparative approach method
which is compares The Paris Convention, TRIPs Agreement and Indonesia Trademark
Law regarding the protection of well-known mark. Analysis technique use
qualitative analysis. The study shows, from the perspective of the Paris
Convention, TRIPs Agreement and Indonesia Trademark Law, well-known mark owner
have legal protection in the form of exclusive rights through registration
process to obtain legal certainty. When well-known mark infringement occured,
the legal action can be done are litigation and non litigation process. The
form of legal sanction are payment of compensation and criminal sanction,
determined by each member state but still refer to the provisions of the Paris
Convention and TRIPs Agreement. However, Indonesia set up more details about
the sanctions that can be imposed for the infringemer in the form of penalties
or criminal sanction ranging from 4 (four) to 5(five) years and a fine of Rp.
800.000.000 up to Rp. 1.000.000.000
Penulis: Dayu Windari
Kode Jurnal: jphukumdd140359
