Aspek perlindungan merek lokal dalam hubungannya dengan persaingan dagang yang sehat studi kasus: extra joss vs enerjos = Protection aspect of local brand in its relationship with a fair business competition

Wefer, Wefer (2006) Aspek perlindungan merek lokal dalam hubungannya dengan persaingan dagang yang sehat studi kasus: extra joss vs enerjos = Protection aspect of local brand in its relationship with a fair business competition. Masters thesis, Universitas Pelita Harapan.

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Abstract

(E) One of the strongest developments that attract most interest within the last 10 years. Global trade era can only be tenable if there's a good and fair climate competition. Nowadays branding holds the most important role; as it needs a more suffice regulation. Based on the consideration that goes along with international agreement that have been ratified by Indonesian government, the completion of trademark law is essential. In section 1 Law no 15/2001 about marks, marks is a sign in the form of picture, name, word, letters, figures, the composition of colors, or the combination of the elements, which has distinguishing power and is used in trade in goods and services. Trademark is the mark used for goods traded by an individual or a number of individual's altogether or a corporate body to distinguish the goods from others of the same type. Service Mark is the mark used for services traded by an individual or a number of individuals altogether or a corporate body to distinguish the services from others of the same type. Collective Mark is the mark used for goods and/or services of the same characteristics traded by a number of individuals or corporate bodies altogether to distinguish the goods and/or services from others of the same type. Basically, trademarks is a symbol and a reputation indicator. When a trademarks becomes well known, companies expand their lines of business. Trademarks are important because they help to prevent confusion in the marketplace by distinguishing one entity's products and services from the products and services of another. Trademark can last indefinitely if the owner continues to use the mark to identify its goods and services. If trademarks are not used properly, they may be lost and one of the company's most important assets may lose all of its value due to unfair business competition. One of the famous cased in Indonesia is Extra Joss versus Enerjos. The owner of Extra Joss, PT Bintang Toedjoe sued the Enerjos, which litigant (Extra Joss) accusing Enerjos in copying the popularity of Extra Joss brand. Based on the litigant accusation, the similarity of the brand Enerjos with Extrajoss can bring confusions in public. Which public thinks that Enerjos is one of the variant of Extrajoss. This perception can bring amends to the litigant, as Extrajoss is already well known in the public.

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