Tinjauan yuridis perkara pembatalan merek crocodile (putusan 74PK/Pdt. Sus-HKI/2019) = Juridist review of the cancellation of branding crocodile (verdict 74PK / Pdt.Sus-HKI / 2019)

Kongres, Shyeren (2020) Tinjauan yuridis perkara pembatalan merek crocodile (putusan 74PK/Pdt. Sus-HKI/2019) = Juridist review of the cancellation of branding crocodile (verdict 74PK / Pdt.Sus-HKI / 2019). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

One of Intellectual Property Rights (IPR) is a trademark. Brand has an important role in the field of trade and the world economy, where one of its main functions is to identify and differentiate one product from another. However, in Indonesia there is often a well-known brand impersonation done by other parties. These actions lead to a lawsuit cancellation brand. This research aims to answer the formulation of the problem in this study, namely: (1) How is the regulation regarding of well-known brands in Indonesia according to Act Number 20 of 2016? (2) How is the judge's consideration in deciding the case of the cancellation of the CROCODILE mark according to decision number 74PK/Pdt.Sus-HKI/2019?. This legal research uses a normative research method, using a state approach. Based on legal research that has been done, it can be concluded that, in the formulation of the first problem regarding the regulation of well-known brands based on the laws and regulations in Indonesia, it has been regulated since the issuance of the Trademark Act of 1992 but only in a limited manner. This regulation has been developed to date through Act Number 20 of 2016 which regulates well-known brands far more broadly. Act Number 20 of 2016 regulate the criteria of well-known marks, the rejection of trademark registration that has similarities in principle or in whole with famous brands and others. Meanwhile, in the formulation of the second issue, the consideration of the Judicial Review Judge who granted the petition for reconsideration of supreme court verdict was in accordance with the applicable laws and regulations.

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