Analisis Perlindungan Merek Dagang Terhadap Sengketa Negara Isle of Man Dan Wen Ken Drug Co. Pte LTD

Abstract

Protection of trademarks (goods / services) is one of the important things for every inventor. The success of the WTO as an organization that oversees cooperation in the field of trade has an important role in the struggle that was resolved in the field of trade, in accordance with the agreement in the TRIPs which discussed Intellectual Property that was sponsored both nationally and internationally. The damaged trademark case by the Wen Ken Group Company later became an example of violation of the agreement, when the trademark product / service that was registered did not conflict with the logo, symbol or symbol of an ideology or the State. The resolution of this dispute is then still a polemic in Indonesia because the decisions made are not in accordance with the provisions in force, so they are approved by the WTO. Keywords: Intellectual Property Rights, WTO, TRIPs, Trademarks, Disputes

Reviewing the Legality of the Use of Religious Names and Symbols for Trademarks

“…Besides, there is an opinion that the trademark must have comparisons so that the quality and reputation of the brand are considered original, and there is no copying [11]. Mark registration serves as evidence for the owner who is entitled to the registered Mark; The basis for rejection of a Mark which is the same in its entirety or the same request for registration by another person for similar goods/services; The basis for preventing other people from using the same Mark in its entirety or essentially the same in circulation for similar goods/services [12]. The urgency of trademark registration in Indonesia is given to the owner of the Mark who registers the Mark, meaning that the right to the Mark is born from the date of receipt of the trademark application (filing date).…”