TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA
Abstract: Act Number 15 Year
2001 regarding Trademark has set the
provisional charges. Provisional charges may be filed by the plaintiff while
the investigation process of trademark infringement lawsuit in court of
commerce is still ongoing. In a civil proceeding, the provisional charge must
not be the primary charge, however the provisional charge that is set out in
the Trademark Act has already concerned the primary charge. Actions that can be
requested in the provisional charge according to Article 78 paragraph (1) in
the Trademark Act include cessation of
production, cessation of circulation of goods and / or services using
Plaintiff's trademark illegally. Using literature study that utilizes primary
legal materials and secondary legal materials as the research object, the
results of the discussion are expected to be based on sufficient arguments to
provide benefits for those who are interested to learn the trademark law
enforcement.
Keywords: provisional charge,
trademark infringement lawsuit, court of commerce
Penulis: Devi Marlita Martana
Kode Jurnal: jphukumdd130373
