Perlindungan hukum bagi pemegang merek asal atas pendaftaran merek yang dilakukan oleh distributor (studi kasus putusan nomor 1300k/pdt.Sus-hki2017) = Legal protection for trademark holders origin for registration of trademark conducted by distributor (case study number 1300k/pdt.Sus-hki/2017)

Putri, Karina Dianti (2019) Perlindungan hukum bagi pemegang merek asal atas pendaftaran merek yang dilakukan oleh distributor (studi kasus putusan nomor 1300k/pdt.Sus-hki2017) = Legal protection for trademark holders origin for registration of trademark conducted by distributor (case study number 1300k/pdt.Sus-hki/2017). Bachelor thesis, Universitas Pelita Harapan.

	Text (Title) Title.pdf Restricted to Repository staff only Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (1MB)
Preview	Text (Abstract) Abstract.pdf Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (100kB) | Preview
Preview	Text (ToC) ToC.pdf Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (190kB) | Preview
Preview	Text (Chapter1) Chapter1.pdf Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (282kB) | Preview
	Text (Chapter2) Chapter2.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (397kB)
	Text (Chapter3) Chapter3.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (340kB)
	Text (Chapter4) Chapter4.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (449kB)
	Text (Chapter5) Chapter5.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (121kB)
Preview	Text (Bibliography) Bibliography.pdf Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (298kB) | Preview
	Text (Appendices) Appendices.pdf Restricted to Repository staff only Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (36MB)

Abstract

This thesis explores in-depth legal analysis on the legal protection for trademark holders origin for registration base on several local and international law namely; Paris Convention; TRIPs Agreement and Legal Doctrine. A trademark performs as a sign that is capable of distinguishing the goods of services of another, as a guarantee for qualification and it should have name. A trademark of a company can build the character and criteria of the products which is able to shape their reputation, however, a trademark can also give rise to competition within the market. This research discusses on how legal protection is regulated within the Mark Law Number 20 in the year of 2016 on the violation conducted by a distributor to a trademark holder as what happened within verdict 1300K/PDT.SUS-HKI/2017 between EIK ENGINEERING and ENGINEERING INDONESIA KARYA (EIKA). This thesis also conducted interviews with trademarks expert. The type of research is a qualitative research with a case approach and statute approach which is proven by the fact that this research contains analysis on policies which are regulated within the Mark Law, and case approach which is used to examine regarding EIK trademark protection on mark registration which is conducted by the distributor without consent from the original trademark holder, which is conducted by EIKA. The result of the Supreme Court Verdict explains that clearly the defendant, which is EIKA, has conducted a violation due to the fact that they registered the trademark without consent from the original trademark holder (EIK) and had also conducted mark registration with criteria with substantive similarity, which is prejudicial to the Plaintiff.

Actions (login required)

View Item