Analisis putusan nomor 164k/pdt.Sus-hki/2016 tentang persamaan pada pokoknya atas suatu merek (merek The Rich Prada dengan merek Prada) = Analysis of decision number 164k / pdt.Sus-hki / 2016 about the similarity in essence of a brand (brand The Rich Prada with the Prada brand)

Putra, Aditya (2017) Analisis putusan nomor 164k/pdt.Sus-hki/2016 tentang persamaan pada pokoknya atas suatu merek (merek The Rich Prada dengan merek Prada) = Analysis of decision number 164k / pdt.Sus-hki / 2016 about the similarity in essence of a brand (brand The Rich Prada with the Prada brand). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Similarity in essence is one of the violations in intellectual property rights. Similarity in essence can be found in the laws and regulation under Indonesian law number 15/2001, law number 20/2016, but still many intellectual property rights violations occur mainly on the breach of the brand of similarity in essence, one of which is the case of The Rich Prada Brand with Prada Brand in verdict number 164K / Pdt.Sus- HKI / 2016, in this case in this cases Prada is a well-known mark which is has been acknowledge in many country and Prada sued The Rich Prada Hotel in Bali because the word "Prada" which is listed on the brand The Rich Prada Hotel has similarity in essence which can make miss concept in both brand and both brand is different goods and services, this similarity is an similarity in sound, when pronounced there is an similarity between them however, there is legal uncertainty in regulation law number 15/2001 article 6 chapter 2 written for different goods and services is measured in certain terms set forth in the Government Regulations and until now the Government Regulation has not been enacted, and this makes the "specific requirements" listed in the regulation become unclear and also makes the judge's verdict unclear because there is no clear legal basis, whereas the decision by the judge decided that The Rich Prada had similarities in essence with Prada it was appropriate. The government should immediately promulgates a Government Regulation governing certain requirements and socializes the size of the equation principally on a brand to their examiners, prosecutors and judges in order to reduce brand violations that occur in Indonesia.

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