GUGATAN PEMBATALAN MEREK TERDAFTAR OLEH PEMILIK MEREK TERKENAL ( Studi Kasus: Putusan MA No. 402 K/Pdt .Sus/2011)
ABSTRACT: Brand is very
important in the business world. Brand products (both goods and services) that
are certain to be popular and sell well in the market of course would tend to
make spur other manufacturers or entrepreneurs competing products with famous
brand, even in this case finally appeared unfair competition. Brands used in the
trade, which in turn may submit the national economy. Pemdaftaran brand
basically meant that the mark is used in commerce.
The issue in this thesis is how the system of trademark registration in
Indonesia, how to register for the legal protection of well-known brand in
Indonesia, as well as how the lawsuit registered trademark by the owner of the
famous brands in Indonesia.
Methods of research using this type of normative legal research. Source
of data used are secondary data, which consists of primary legal materials,
secondary, and tertiary. Data was collected with library research techniques
and data analysis using inductive qualitative approach and dedukatif.
Mark registration system in Indonesia is currently contained in that set
in Trademark Law No. 15 of 2001 is a constitutive system but before Indonesia
also familiar with declarative system adopted in the Brand Law No. 15 of 2001.
The meaning is constitutive sitem party has registered its brand, it creates a
registration rights to the trademark, registered parties he was the only one
who has the right to a brand and third-party registrar must respect his rights
as an absolute right. Registration of the trademark protection law known
governed exclusively However the brands that have been registered are allowed
to be given an explanation and how to brand holders may submit the registration
against any other brand.
Penulis: Haris Fadhilah Putra,
T. Keizerina Devi Azwar, Windha
Kode Jurnal: jphukumdd130494
