Perlindungan Hukum Merek Terkenal Di Indonesia Terhadap Pendaftaran Merek Terdahulu (Studi Kasus: Putusan No. 5/Pdt. Sus-Merek/2019/PN. Niaga Jkt. Pst. Jo. Putusan Kasasi No. 880 K/ Pdt. Sus-HKI/2019) = Well-known†marks protection in Indonesia against
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Institusion
Universitas Pelita Harapan
Author
Yovinka, Revianty
Subject
K Law (General)
Datestamp
2020-07-28 07:21:33
Abstract :
Globalization gives a big impact in Indonesia economics, especially in trades. Trades globalization functions to increase the living standards and the welfare of the people by opening the chance for investors to sell domestic products in the international market (export), it goes both ways. The purpose is to strengthen the teamwork between domestic and international economy. Globalization growth create a free market. Many imported products, like distinguished trademarks that came into domestic market gives a lot of choices for the consumer. But, the rapid growth of the globalization could give a bad influence. Because, it would create an unhealthy business competition in the market both domestic and international. If not used by the law. The fact that there's a lot of entrepreneurs with bad faith in running their business by copying distinguished trademarks to gain profit. Trademark is a label of a product from the manufacturing company. Therefore, famous trademarks have a powerful influence in making consumer's mindset to determine the quality and quantity from the manufactured product. Famous trademarks also determines the reputation of its companies. This is the one that being used by bad faith entrepreneurs to gain big profit in a small time. The legal protection of well-known mark in Indonesia is regulated in Law 20 of 2016 Concerning Marks and Geographical Indications, and completed by international agreement, such as The Paris Convention and TRIPS. Writer will explain the case of cancellation VARIVAS brand registry in Indonesia because of bad faith registry. Registered VARIVAS brand in Indonesia have the same overalls with famous VARIVAS brand from Japan.
Globalization gives a big impact in Indonesia economics, especially in trades. Trades globalization functions to increase the living standards and the welfare of the people by opening the chance for investors to sell domestic products in the international market (export), it goes both ways. The purpose is to strengthen the teamwork between domestic and international economy. Globalization growth create a free market. Many imported products, like distinguished trademarks that came into domestic market gives a lot of choices for the consumer. But, the rapid growth of the globalization could give a bad influence. Because, it would create an unhealthy business competition in the market both domestic and international. If not used by the law. The fact that there's a lot of entrepreneurs with bad faith in running their business by copying distinguished trademarks to gain profit. Trademark is a label of a product from the manufacturing company. Therefore, famous trademarks have a powerful influence in making consumer's mindset to determine the quality and quantity from the manufactured product. Famous trademarks also determines the reputation of its companies. This is the one that being used by bad faith entrepreneurs to gain big profit in a small time. The legal protection of well-known mark in Indonesia is regulated in Law 20 of 2016 Concerning Marks and Geographical Indications, and completed by international agreement, such as The Paris Convention and TRIPS. Writer will explain the case of cancellation VARIVAS brand registry in Indonesia because of bad faith registry. Registered VARIVAS brand in Indonesia have the same overalls with famous VARIVAS brand from Japan.
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