Analisis yuridis pengaturan pendaftaran dan pembatalan merek pada undang-undang nomor 20 tahun 2016 tentang merek dan indikasi geografis dalam melindungi merek terkenal (studi putusan nomor 3/Pdt.Sus-Hki/Merek/2019/Pn Niaga Jkt.Pst = Judicial review mark
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Institusion
Universitas Pelita Harapan
Author
Sebastian, Kevin Nathaniel
Subject
K Law (General)
Datestamp
2020-07-30 07:30:06
Abstract :
The plaintiff is a company from Barbados who wants to register its mark named "Alstyle" in Indonesia. But, the request was rejected because the mark had been registered first by the defendant Darmanto. The plaintiff is a known mark registered in many countries, done a large scale of promotion and invested in many countries before its request was rejected by the Directorate General of Intellectual Property. In the verdict number 3/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst, the judge rejected plaintiff's lawsuit and stated the defendant as the holder of the mark. Writer will analyze the registration and cancellation regulations in securing well-known mark and also analyze the judge's consideration in the verdict. This research used normative legal research. Types of data used are primary, secondary and tertiary legal materials. Method of collecting data is used by literature study. Type of approach used in this research is statute approach and case approach. The nature of data analysis is qualitative. In Result : Law of Republic Indonesia Number 20 of 2016 has given a legal protection to the well-known mark in registration and cancellation phase. But, the judge in this verdict didn't apply the law correctly. Writer infer that the plaintiff is the mark holder of "Alstyle" mark seeing by the given facts and laws.
The plaintiff is a company from Barbados who wants to register its mark named "Alstyle" in Indonesia. But, the request was rejected because the mark had been registered first by the defendant Darmanto. The plaintiff is a known mark registered in many countries, done a large scale of promotion and invested in many countries before its request was rejected by the Directorate General of Intellectual Property. In the verdict number 3/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst, the judge rejected plaintiff's lawsuit and stated the defendant as the holder of the mark. Writer will analyze the registration and cancellation regulations in securing well-known mark and also analyze the judge's consideration in the verdict. This research used normative legal research. Types of data used are primary, secondary and tertiary legal materials. Method of collecting data is used by literature study. Type of approach used in this research is statute approach and case approach. The nature of data analysis is qualitative. In Result : Law of Republic Indonesia Number 20 of 2016 has given a legal protection to the well-known mark in registration and cancellation phase. But, the judge in this verdict didn't apply the law correctly. Writer infer that the plaintiff is the mark holder of "Alstyle" mark seeing by the given facts and laws.
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