Tinjauan yuridis terhadap merek terkenal hugo boss (studi kasus: putusan mahkamah agung republik indonesia nomor 92 k/pdt.Sus-hki-2017) = Judicial analysis trademarks of hugo boss (study case: putusan mahkamah agung republik indonesia nomor 92 k/pdt.Sus-
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Institusion
Universitas Pelita Harapan
Author
Reynaldi, Viana
Subject
K Law (General)
Datestamp
2022-02-17 09:48:04
Abstract :
Intellectual Property Rights (IPR) has an important role in national and international economic development because it has become a global issue, especially among advanced industrial countries which have been exporting a lot of IPR-based creative industry products. Various information about policies, regulations, the latest developments regarding the application and protection of IPR have become the basic material needed by academics, legal practitioners, businesspeople, and the government. Trademark is one form of Intellectual Property Rights (IPR) which has an important role in terms of trade, especially in facing the current era of globalization. Along with the current industrial development, the use of advertisement may be conducted to introduce a certain mark of a product causing the function namely from originally being distinguishing force to hold an additional function namely as an identification sign of a good or service which is related to the said mark. Well-known marks enjoy a special protection in most countries such as Indonesia. Criteria to determine a well- known mark in Indonesia is regulated in the Regulation from the Ministry of Law and Human Rights No.20/2016. This research focuses on the application and protection of well-known trademark regulation in Indonesia and Supreme Court Decision No. 92K/Pdt.Sus-HKI/2017 which concerns Hugo Boss and Hugo Sport. Normative approach is used in this research by literature or secondary data that can give the readers a view of why there is a gap between the regulations that applies to the application in court
Intellectual Property Rights (IPR) has an important role in national and international economic development because it has become a global issue, especially among advanced industrial countries which have been exporting a lot of IPR-based creative industry products. Various information about policies, regulations, the latest developments regarding the application and protection of IPR have become the basic material needed by academics, legal practitioners, businesspeople, and the government. Trademark is one form of Intellectual Property Rights (IPR) which has an important role in terms of trade, especially in facing the current era of globalization. Along with the current industrial development, the use of advertisement may be conducted to introduce a certain mark of a product causing the function namely from originally being distinguishing force to hold an additional function namely as an identification sign of a good or service which is related to the said mark. Well-known marks enjoy a special protection in most countries such as Indonesia. Criteria to determine a well- known mark in Indonesia is regulated in the Regulation from the Ministry of Law and Human Rights No.20/2016. This research focuses on the application and protection of well-known trademark regulation in Indonesia and Supreme Court Decision No. 92K/Pdt.Sus-HKI/2017 which concerns Hugo Boss and Hugo Sport. Normative approach is used in this research by literature or secondary data that can give the readers a view of why there is a gap between the regulations that applies to the application in court
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