Tinjauan Yuridis Terhadap Putusan Pengadilan Niaga NO. 30/PDT.SUS-MEREK/2018/PN.NIAGA JKT.PST. Mengenai Penghapusan Merek = Judicial review of court judgement no. 30/PDT.SUS-MEREK/2018/PN.NIAGA JKT.PST. on brand removal

Hanwin, Hanwin (2020) Tinjauan Yuridis Terhadap Putusan Pengadilan Niaga NO. 30/PDT.SUS-MEREK/2018/PN.NIAGA JKT.PST. Mengenai Penghapusan Merek = Judicial review of court judgement no. 30/PDT.SUS-MEREK/2018/PN.NIAGA JKT.PST. on brand removal. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Brand is something that can be seen everywhere and is constantly used around the world. Things that we used has a brand on it and is registered to protect its rights against others that might misuse it. When one wants to register a brand, but there is a brand registered similar and had not been used for a period of time, can be removed from the registered list known as brand removal. This research aimed to discuss whether the law that regulates brand removal in Indonesia is effective on solving problems on court and to know how to prove a brand is not used for three straight years. The research is done in legal research method that uses books as it references and its related regulations. After the research, it is found that the regulations for brand removal is clear and as such that the judges can understand it easily. Upon knowing that there is no regulation that specify the means to prove how a brand isn’t used for three straight years, the plaintiff used necessary means that is legal and provide many data and information that strengthened the prove on court. From the research, writer came to a conclusion that the regulations for brand removal in Indonesia is quite profound and easy to understand for the uses of court in practices and that the practices itself is a success and well thought. Though on the contrary there are several things that is not specified in the regulations that could help to understand better on brand removal

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