Upaya Perlindungan Hukum Terhadap Pelanggaran Merek Terkenal Yang Tidak Terdaftar Di Indonesia  Berdasarkan Uu Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis

Septarina, Muthia; Salamiah, Salamiah

doi:10.31602/al-adl.v12i1.2593

Cited by 3 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Holders of rights to well-known foreign trademarks obtain legal protection against infringement of trademark rights through lawsuits for cancellation or criminal charges. 34 In addition, the provision of sanctions following trademark law must be strictly applied so that it can create a deterrent effect for violators who are expected to be able to suppress similar violations in the future.…”

Section: Legal Protection Against Counterfeiting Of Well-known Trade ...mentioning

confidence: 99%

Counterfeiting of Weel-Known Brands in Indonesia: Legal Protection?

Pratama

Patros

2023

View full text Add to dashboard Cite

The use of well-known brands is now starting to bloom, and this is none other than because it promises big benefits that will be obtained when using well-known brands instead of using their brands. One of the reasons why many industries use well-known brands for their products is to make them easy to sell. This study uses normative legal research methods to examine the protection of well-known brands in Indonesia. The results of this study indicate that trademark protection is provided after the trademark owner registers his trademark. Law Number 20 of 2016 needs to define well-known brands clearly. Well-known marks, namely the rejection of an application that is basically the same or wholly with a well-known Mark for similar goods and services is carried out with due observance of the general provisions. public knowledge about the mark in the field of business concerned. In addition, attention is also paid to the reputation of a well-known brand that is obtained due to vigorous and large-scale promotions, investments in several countries in the world that are carried out by the owner and are accompanied by proof of registration. brand in several countries.

show abstract

Section: Legal Protection Against Counterfeiting Of Well-known Trade ...mentioning

confidence: 99%

Counterfeiting of Weel-Known Brands in Indonesia: Legal Protection?

Pratama

Patros

2023

View full text Add to dashboard Cite

show abstract

“…The attempt to resolve disputes as regulated in the MIG Law can be carried out through litigation and non-litigation channels (Septarina & Salamiah, 2020). Vol.…”

Section: Trademark Violation Lawsuitmentioning

confidence: 99%

Protection of Globally Renowned Brands Which Not Registered in Indonesia

Natasha,

Rusdiana

2023

Amnesti

View full text Add to dashboard Cite

The protection arrangements for unregistered globally well-known brands are not explained in detail regarding their protection from passing off in Indonesia. This study aims to analyze how the protection of well-known marks that have not been registered in Indonesia and to prove that internationally registered marks that have not been registered in Indonesia must still be protected in Indonesia. This research is legal research that uses normative juridical research methods by emphasizing argumentation and uncovering meaning by interpreting existing laws and regulations based on the legal system relating to trademark protection. The results of the research show that Article 83 (2) of Law No. 20 of 2016 concerning Trademarks and Geographical Indications (hereinafter referred to as the MIG Law) does not protect brand indications other than the indications regulated in Article 1 paragraph (1) of the MIG Law. Furthermore, with the argument that a lawsuit can only be filed after the lawsuit for cancellation has started indicates that Article 83 (2) only covers violations of the transfer of well-known marks that are not registered through third-party registration. Meanwhile, the violation of passing off by using an unregistered name without legal rights is not covered in this article. In addition, the enactment of Article 83 (2) does not fully accommodate passing off lawsuits in Indonesia.

show abstract

“…The second way of protection is repressive legal protection against the Mark in the event of a dispute. Repressive protection can be in the form of dispute resolution efforts as regulated in the provisions of Law Number 20 of 2016 concerning Marks and Geographical Indications, so that it can be taken by litigation (court) or through non-litigation channels which are regulated in Article 93 regarding arbitration or alternative dispute resolution (Septarina & Salamiah, 2020). Mark protection through registration is essentially intended for legal certainty over registered marks, whether to be used, extended, transferred or deleted as evidence in the event of a registered trademark infringement.…”

Section: Legal Protection Of Brands In Indonesiamentioning

confidence: 99%

Legal Protection of Unregistered Marks in Indonesia

Harwanto

Arifin

2022

JHSSB

View full text Add to dashboard Cite

In accordance with Law No. 20 of 2016 pertaining to Marks and Geographical Indications, trademark protection in Indonesia is only granted following registration under a constitutive system. This study aims to examine the pseudo-legal protection afforded to unregistered trademark owners in Indonesia. This study employs a normative legal research methodology because its focus departs from the ambiguity of norms, employing a statute approach and a conceptual approach. The technique for tracing legal materials involves document analysis techniques and qualitative study analysis. The findings of this study indicate that Mark Protection in Indonesia is granted only after registration in accordance with the constitutive registration system adopted by Law No. 20 of 2016 regarding Marks and Geographical Indications. Unregistered trademarks are not protected by law. Meanwhile, if an unregistered mark is used or imitated without permission or rights, the owner of the mark cannot file a lawsuit against the violator.

show abstract

Upaya Perlindungan Hukum Terhadap Pelanggaran Merek Terkenal Yang Tidak Terdaftar Di Indonesia Berdasarkan Uu Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis

Cited by 3 publications

References 0 publications

Counterfeiting of Weel-Known Brands in Indonesia: Legal Protection?

Counterfeiting of Weel-Known Brands in Indonesia: Legal Protection?

Protection of Globally Renowned Brands Which Not Registered in Indonesia

Legal Protection of Unregistered Marks in Indonesia

Contact Info

Product

Resources

About