Duha, Ruth Yulinar Rachelisa
(2019)
Tinjauan yuridis tentang sengketa merek dagang (studi kasus putusan no. 33/pdt.Susmerek/ 2013/pn. Niaga. Jkt.Pst juncto 33/pdt.Susplw. Merek/2013/pn. Niaga. Jkt. Pst juncto 304 k/pdt.Sus-HKI/2014) = Juridical review of trademark dispute based on indonesian trademark law (case study verdict number 33/pdt.Sus-merek/2013/pn. Niaga .Jkt. Pst juncto 33/pdt.Sus-plw. Merek/2013/pn. Niaga. Jkt. Pst juncto 304k/pdt.Sus-hki/2014.
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
Trademark is a sign used to give distinctive value on goods or services. Regulation about trademark in Indonesia is regulated in Law Number 15 Year 2001 regarding Trademark. However, there are still many problems occur in trademarks, one of them is the case happened on Verdict Number 33/Pdt.Sus- Merek/2013/PN. Niaga. Jkt. Pst. The research is done based on questions of how Indonesia Law works on cases occured by similarity in trademarks (goods or services) and how compatible the judges’ law consideration with the Law Number 15 Year 2001 according to the case. The purpose of this research is to know, to understand more about Indonesian Trademark Law and to analyze judges’ law consideration on Verdict Number 33/Pdt.Sus-Merek/2013/PN. Niaga. Jkt. Pst. The method used on research is in the form of a Normative Legal Research with Statute and Case Approaches. Based on the result of research, it’s proven that actually Law Number 15 Year 2001 has been made well to solve almost all trademark problems. There are preventive and repressive protections that can be used to solve those problems that occur between trademarks that have similarities on them. However, to resolve the problem on the case happened on on Verdict Number 33/Pdt.Sus-Merek/2013/PN. Niaga. Jkt. Pst, the application of Law Number 15 Year 2001 must be carefully considered. Other elements such as trademark’s appearance, distinctive values, generic terms used, et cetera must be considered carefully to make fair and compatible judgements.
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