Famous Brand Criteria and Protection of the Law Based on the Decision of the Court of RI Number 32 PK/Pdt.Sus-HKI/2018

Qurniasari, Alya Nuzulul and Santoso, Budi and Lestari, Sartika Nanda (2021) Famous Brand Criteria and Protection of the Law Based on the Decision of the Court of RI Number 32 PK/Pdt.Sus-HKI/2018. In: ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia.

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Abstract

The brand does not only function as a differentiator, but also functions as a company asset, especially a well-known brand. The problem of this research is determining the criteria for famous brands according to the Trademark Law and international regulations. Legal protection given to Skyworth brand owners and how the Judges consider the basis in deciding this case. Skyworth Company registered for class 16 in 2004. However, in 2016, Skyworth registered for goods/services class 7, 9 and 11 rejected by the Directorate General of IPR because Linawaty Hardjono had registered the mark goods/services of the same class without Skyworth Company's permission in 2006. The method used is a normative juridical method with qualitative analysis methods. From the results of the Skyworth Trademark research, it is included in the criteria of famous brands according to the Trademark Law and international regulations (Paris Convention, TRIPs, WIPO). Legal protection used is preventive and repressive legal protection. Basic Judges' consideration is the existence of a judge's mistake when deciding a case and when the judge rejects the Plaintiff's claim. The suggestion given is immediately made a register of famous brands according to the criteria in the law and Permenkumham, The Directorate General of Intellectual Property Rights must be more assertive in acting against the perpetrators of brand violations and the criminal sanctions imposed must be in accordance with the law.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: legal protection right to trademark famous trademark
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 16 Dec 2021 10:41
Last Modified: 16 Dec 2021 10:41
URI: https://eprints.eudl.eu/id/eprint/9034

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