Nugraha, Ignatius Ivan
(2019)
Analisis terhadap kasus penolakan permohonan pendaftaran merek (studi kasus putusan mahkamah agung no. 329 k/pdt.Sushki/ 2015 juncto putusan no. 57/pdt.Susmerek/ 2014/pn.Niaga.Jkt.Pst).
Bachelor thesis, Universitas Pelita Harapan.
Full text not available from this repository.
Abstract
A well-known mark can implicitly be defined as a mark which has a high
reputation and therefore, shall obtain a larger legal protection than that of a
regular mark. Within Decision Number 57/Pdt.Sus-Merek/2014 /PN.Niaga.Jkt.Pst
the Plaintiff wanted to register their mark in Indonesia under the category of wellknown
marks, however, it was rejected by the Defendant by reason of being
substantively similar to the Defendant’s mark. Considering this, the Plaintiff filed
an appeal towards the Defendant but it was rejected by the Defendant, further, the
Plaintiff filed a cassation to the Supreme Court and the Supreme Court issued
Decision Number 329 K/Pdt.Sus-HKI/2015 which grants the Plaintiff’s claims as
in full as well as declaring that the Plaintiff’s mark is a well-known mark. The
purpose of this research is to understand the regulation of Well-Known marks in
Indonesia and the legal consideration of the Supreme Court in issuing Decision
Number 329 K/Pdt.Sus-HKI/2015. This research is a juridical normative research
with a descriptive type of research. The approach conducted is the normative issue
approach. The data being used are primary, secondary and tertiary data. The data
collecting method is conducted through literature study and document study. Data
processing is conducted by using qualitative data analysis in order to obtain
objective truth. The result and discussion of this research are, firstly, that the
Plaintiff falls under the category of well-known mark. Secondly, the Commercial
Court was erroneous in interpreting the meaning of substantial similarity between
the Plaintiff’s mark and the Defendant’s mark.
Actions (login required)
 |
View Item |
