ANALISIS YURIDIS PUTUSAN PELANGGARAN MEREK TERKENAL BERDASARKAN PUTUSAN MAHKAMAH AGUNG REPUBLIK INDONESIA NOMOR. 595 K/PDT.SUS/2011 TERHADAP KASUS PT. SINDE BUDI SENTOSA DAN WEN KEN DRUG CO PRIVATE LIMITED (PTE LTD)
ABSTRACT: The progress of
science and technology in the field of electronic, telecommunication and
transportation allowing a variety of information takes place very rapidly,
accurate, efficientand effective for the industrial world in the field of
intellectual property rights, especially in thefield of brand.Therefore, needed
a legal protection of trademarks, especially to the famousbrand. As known from
the TRIPS agreement was approved and ratified by Indonesia, Indonesiamust
devise a National laws in the field of Intellectual Property Rights, including
the brand withthe existing provisions in the TRIPS Agreement. In the Law on
Marks is currently in effect, the authority to protect the famous brands
granted by Article 4, Article 5, Article 6 paragraph (1) letter b, and Article
6 paragraph (2) The Law No. 15 of 2001 on Marks. famous brand owners who have
not registered in Indonesia can show evidence of fame trademark by filing a
trademarkregistration cancellation through the Commercial Court under Article
4, Section 5, and Section6 The Law No. 15 of 200 about the brand. The Law No.
15 of 2001 on Marks has not fullyprotect famous brand which has not been
registered. The Law No. 15 of 2001 on Marks authorize the relevant authorities
namely the Directorate General of Intellectual Property Rights in this case
Directorate brand, to protect famous brand by refusing registration of the mark
containing the equation either substantially or wholly with famous brand owned
by other parties, especially for goods and / or services. In the Law on Marks
is currently in effect, the authority to protect the famous brands granted by
Article 4, Article 5, Article 6 paragraph (1) letter b, and Article 6 paragraph
(2) The Law No. 15 of 2001 on Marks. famous brand owners who have not registered
in Indonesia can show evidence of fame trademark by filing a trademark registration
cancellation througt the Commercial Court under Article 4, Section 5, and
Section 6 The Law No. 15 Year 2001 on the marks. Based on the results of the
formulation of the problem, it can be concluded that the judge in decisions
just look at the arguments put forward by PT. Sinde Budi Sentosa without
considering the arguments put forward by Wen Ken Drug Co. Private Limited as
the first user trademark Cap Three Legs Toning solution with Rhino Painting
used and published in the daily news of Singapore since 1937 and wrong within
implementing rules of evidence ownership of the Marks, so that the
non-fulfillment of legal certainty and the norms of justice. Advice of the
author, should The Law No. 15 of 2001 on Marks can be renewed by seeing the
development of world trade, especially in the field of Famous Brands to avoid
the parties in bad faith without the use of the right to use the Famous Brand.
Penulis: Tiara Rahma Syafitri
Kode Jurnal: jphukumdd151262
