This research is designed to study a number of issues including first, what becoming the philosophical base of consideration in the displacement in the brand registration from the declarative system (first to
Since the enactment of Law Number 19 of 1992 on Trademarks that had been amended last with the enactment of Law Number 20 of 2016 on Trademarks, it applies the Constitutive System (First to File) which is a change from the old system of the Declarative System (First to Use). Therefore, the legal protection is determined by a registration. However, there are still many lawsuit cases of trademark cancellation. Based on the Constitutive System, the right is granted to the first registrant. Some cases are based on a lawsuit from a party who feels as the owner of the trademark, but registered by another party. The research study, titled Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia, based on the problem: the first problem is how is the form of legal protection of registered trademark owner in the Constitutive System in Indonesia? The second problem is why with the Constitutive System are there still many trademarks that have not been registered? The research method used normative research method, by reviewing the documents, court decisions and applicable legislation.
With the enactment of such a system it is certainly not easy to prove the rights of the creator in the event of a dispute. The copyright fields are the fields of science, art and literature. Violations is very susceptible happened in a creation in the field of science, both in taking certain parts as material for writing a creation by other parties in limited quantities or even in amounts that exceed the limits of reasonableness. This research was conducted using a normative method supported by empirical data through field research. In the event of a dispute, the copyright proof of the scientific work, uses proof of rights in the form of work, for example; in the form of books, manuscripts, journals, and writings published in certain media as well as letters of registration if registered with valid evidence; The basis for determining copyright infringement, such as not mentioning the source completely or exceeding the fairness limit.
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