Tinjauan yuridis pelaksanaan putusan penghapusan pendaftaran merek Cap Kaki Tiga di Indonesia = Judicial review implementation of decision on the elimination of registration of Cap Kaki Tiga brands in Indonesia

Ferdinands, Gabriella Louisa (2018) Tinjauan yuridis pelaksanaan putusan penghapusan pendaftaran merek Cap Kaki Tiga di Indonesia = Judicial review implementation of decision on the elimination of registration of Cap Kaki Tiga brands in Indonesia. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

This research is based on a lawsuit for the cancellation of the Tiga Kaki Cap brand in Indonesia by British citizen Russel Vince. The reason is that the Cap Kaki Tiga brand resembles the Isle of Men state emblem. Besides feeling aggrieved, Russel Vince felt entitled and interested and had a legal standing to be able to file a lawsuit at the Central Jakarta Commercial Court. PT Kino Indonesia Tbk as the Wen Ken Drug license holder. Co. PTE. Ltd. was sued under Articles 4 and 5 of Law Number 15 of 2001 regarding Marks. Even though the court ruling has stated the cancellation of the "Cap Kaki Tiga" brand, but in fact the market still sells health drink products under the brand "Cap Kaki Tiga". Normative juridical research is used in this paper by examining the provisions in Law No. 15 of 2001 regarding Marks. However, the approach is legislation, especially to review the provisions regarding the elimination of the registration of the health drink brand "Cap Kaki Tiga". Meanwhile, the technique of collecting data is based on literature studies. Overall, Law Number 15 of 2001 regarding Marks has clearly and adequately regulated, except for the problems of the term "logo" and "image" which can trigger confusion of legal protection between Trademark Law and Copyright Law. Through the brand cancellation instrument, the registration status of "Cap Kaki Tiga" is removed from the General Register of Marks. Consequently, producers must stop production and attract production from the market. Special uses that have been canceled on a legal basis do not have legal protection. The use of such a brand is not in accordance with the brand theory based on its function as a guarantee of the quality and source of origin of the goods. Therefore, it is recommended that the Trademark Law be improved and the court's decision be emphasized more about the obligation of the producer to stop using the canceled mark.

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