Inkonsistensi ketentuan mengenai kewajiban landlord dalam hukum hak cipta dan hukum merek = Inconsistencies of provisions concerning landlord liability in copyright law and trademark law

Jacyntha, Jacyntha (2019) Inkonsistensi ketentuan mengenai kewajiban landlord dalam hukum hak cipta dan hukum merek = Inconsistencies of provisions concerning landlord liability in copyright law and trademark law. Bachelor thesis, Universitas Pelita Harapan.

Full text not available from this repository.

Abstract

Technological advancements have greatly encouraged the globalization of intellectual property rights and has made it easier to let piracy and counterfeiting happen. Indonesia is currently labeled as a notorious market, as a country that is full of pirated as well as counterfeited goods in the market. Although there is the Indonesian Shopping Centre Management Association (APPBI), the supervision of the trading center is still inadequate to prevent the sale of pirated as well as counterfeited goods. This thesis examines the inconsistencies found in Law No. 28 of 2014 on Copyright and Law No. 20 of 2016 on Trademarks and Geographical Indications concerning the criminalization of trade centre managers. This research is a normative juridical research that uses literature materials to analyse the problem in question. The issue of massive piracy and counterfeiting in Indonesia requires effective protection and law enforcement of Intellectual Property Rights (IPR), due to the rampant cases of piracy and counterfeiting. Trade centre managers may assist in protecting IPR by taking a preventive as well as repressive measures to their tenants in trading centres that they manage. In Copyright Law 2014, a provision towards trade centre managers to not allow tenants trade pirated goods can be found, however such provision cannot be found Trademark Law 2016. In terms of Copyright, the matter can be handled more efficiently as there is already a legal basis which prohibits the activity of piracy. Whereas for counterfeited goods, a legal basis against the activity of counterfeiting cannot be found in Trademark Law. Without a legal basis, an issue cannot be taken into account into a legal measure. The inconsistencies concern the provisions contained in Law No. 28 of 2014 on Copyright and Law No. 20 of 2016 on Trademarks and Geographical Indications is a matter that needs to be fixed, so that the two laws can be harmonized. A solution that could be suggested may be adopting the norm which exists in Copyright Law, and try to combine into Trademark Law. A way to harmonize these two laws, is to make an amendment to the current Trademark law by adding a new article concerning the prohibition of trade centre manager to allow the distribution of counterfeited goods in the market.

Item Type: Thesis (Bachelor)
Creators:
CreatorsNIMEmail
Jacyntha, Jacyntha00000012807JACYNTHA_KAWIDJAJA@YAHOO.COM
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorBudi, Henry SoelistyoUNSPECIFIEDUNSPECIFIED
Thesis advisorRespati, Yossi NikenUNSPECIFIEDUNSPECIFIED
Additional Information: SK 51-15 JAC i
Uncontrolled Keywords: copyright piracy; trademark counterfeit; trade centre manager obligation
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: Users 9 not found.
Date Deposited: 31 May 2021 03:39
Last Modified: 15 Sep 2021 03:01
URI: http://repository.uph.edu/id/eprint/36747

Actions (login required)

View Item View Item