Tinjauan yuridis tindakan passing off pada kemasan minuman Diagon Alley yang menyerupai kemasan minuman The Alley

Tumegah, Michelle (2019) Tinjauan yuridis tindakan passing off pada kemasan minuman Diagon Alley yang menyerupai kemasan minuman The Alley. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Trademark is a part of intellectual property rights, which has function to identify the origin of stuff/merit from a company and also a spearhead in trading activities of stuff/merit. By trademark, a company could keep and give guarantee of quality of their stuff/merit and to prevent unfair competition from other company, which has bad faith to ruin their reputation. Unfair competition is competition between business actors in carrying out production or marketing activities of stuff/merit carried out in a way that isn’t honest or against the law. It could also occur in intellectual property rights, such as trademark infringement, embezzlement of trade secrets, and many more. Passing off is a part of unfair competition, which occur when a stuff/merit from a company has almost the same design with another stuff/merit from a different company which is more well known. In Indonesia, the action of passing off hasn’t yet regulated in Law 21/2016. So the only regulations that can prevent and give punishment for passing off is Art. 382 bis Criminal Code and Art. 1365 BW. There are also many drawback with this regulation. In Law 21/2016 only regulated regarding the trademark which has similarity in principle and similarity on the whole stuff/merit. When the action of passing off, sometimes both companies use a very different trademark for their stuff/merit, but one of the companies, followed the design of the product from another company. This could cause a likelihood of confusion to the consumers. Based on the case, it is needed to have a regulation that can prevent and give penalties for the action of passing off in the latest trademark law.

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