PERLINDUNGAN HUKUM BLOGGER BERITIKAD BAIK TERHADAP DOMINE NAME MEREK TERKENAL DARI DUGAAN PEMBONCENGAN REPUTASI (PASSING OFF)
Abstract: This Research
entitled "Legal Protection Against Blogger Good Faith Domine Name Of
Alleged Deception Famous Brand Reputation (Passing Off)". The problem of
this study was, first: How does the domain name in a legal setting in
Indonesia. Second: What is the legal protection of domain name for blogger’s
good faith if there are similarities with the domain name famous brand.
This research method using normative methods, the legal research done by
examining library materials. Which refers to the legal norms contained in the
legislation, international conventions, international agreements and court
decisions. The results showed, first: The domain name has been linked closely
with the brand and copyright but the domain name is not synonymous with the
brand and copyright, as it has a system and registration requirements as well
as the recognition of the existence differently. So far there are kekososngan
norms that specifically regulate the domain name issue in Indonesia. Until now,
the settings used by the international ICANN (Internet Corporation for Assigned
Names and Numbers), the competent authority dealing with internet IP Addres,
and domain name system management. Second: Legal protection for bloggers acting
in good faith if there are similarities regarding the domain name can be a
famous brand is preventive legal protection and the protection of repressive
laws which refers to the settlement of a litigation matter (referring to the
legal protection of IPR, Civil, Criminal and Law ITE) and non-litigation (both
ADR and UDRP).
Keywords: Legal Protection,
Blogger good faith, Domain Name, Passing Off
Penulis: DESY KUSUMA WARDHANI
Kode Jurnal: jphukumdd130374