Tinjauan yuridis terhadap sengketa merek antara biore melawan biorf (putusan no. 590 k/pdt.Sus/2012) = Juridical review of trademark dispute between biore against biorf (cases number 590k/pdt.Sus/2012).

Drio, Drio (2017) Tinjauan yuridis terhadap sengketa merek antara biore melawan biorf (putusan no. 590 k/pdt.Sus/2012) = Juridical review of trademark dispute between biore against biorf (cases number 590k/pdt.Sus/2012). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Trademark is one of important issues that takes more attention from many countries, especially in Indonesia. Indonesia has ratified international regulation of trademark called “TRIPS” agreement. TRIPS is acronym for The Agreement on Trade-Related Aspects of Intellectual Property Rights. Regulation of trademark in Indonesia has been changed for several times, Law of Trademark No. 21/1961, Law of Trademark No. 19/1992, Law of Trademark No. 14/1997, Law of Trademark No. 15/2001 and the last is Law of Trademark No. 20/2016. Trademark is a mark which consist of picture, names, words, alphabets, figures, colour arrangement, of the combination of these elements which have distinctive power and are used in the activity of goods and service. Trademark has many functions, such as promotion of goods and service, identification of the products itself, characteristic of the products and the differentiates them from the other product. Many cases of trademark breach happened in Indonesia. One of them happened to Kao Corporation from Japan who has registered “BIORE” trademark to Dirjen HAKI since 1982 against PT. Sintong Abadi from Indonesia who has registered “BIORF” trademark to Dirjen HAKI since 2011. In fact, PT. Sintong Abadi made product of BIORF and also sold them to the market which is have slightly different with the product of BIORE. Regulation of trademark is important to protect every trademark from duplication or passing off action by other parties.

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