Eksistensi Merek Jasa Terkenal Dalam Hukum Nasional Dan Internasional

Riwanto, Nanda

doi:10.33319/yume.v6i1.44

Cited by 3 publications

(3 citation statements)

References 1 publication

(1 reference statement)

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…This is done to protect the mark that has been registered with the competent authorities of a country where the mark was created from an imitation that confuses consumers. Then in Article 41 TRIPs, it is stated that member countries should stipulate IPR enforcement procedures that have been regulated in this agreement into national law to provide effective action against IPR violators (Riwanto, 2020).…”

Section: Indonesia Regarding the Protection Of Well-known Marks In In...mentioning

confidence: 99%

Protection of Globally Renowned Brands Which Not Registered in Indonesia

Natasha,

Rusdiana

2023

Amnesti

View full text Add to dashboard Cite

The protection arrangements for unregistered globally well-known brands are not explained in detail regarding their protection from passing off in Indonesia. This study aims to analyze how the protection of well-known marks that have not been registered in Indonesia and to prove that internationally registered marks that have not been registered in Indonesia must still be protected in Indonesia. This research is legal research that uses normative juridical research methods by emphasizing argumentation and uncovering meaning by interpreting existing laws and regulations based on the legal system relating to trademark protection. The results of the research show that Article 83 (2) of Law No. 20 of 2016 concerning Trademarks and Geographical Indications (hereinafter referred to as the MIG Law) does not protect brand indications other than the indications regulated in Article 1 paragraph (1) of the MIG Law. Furthermore, with the argument that a lawsuit can only be filed after the lawsuit for cancellation has started indicates that Article 83 (2) only covers violations of the transfer of well-known marks that are not registered through third-party registration. Meanwhile, the violation of passing off by using an unregistered name without legal rights is not covered in this article. In addition, the enactment of Article 83 (2) does not fully accommodate passing off lawsuits in Indonesia.

show abstract

Section: Indonesia Regarding the Protection Of Well-known Marks In In...mentioning

confidence: 99%

Protection of Globally Renowned Brands Which Not Registered in Indonesia

Natasha,

Rusdiana

2023

Amnesti

View full text Add to dashboard Cite

show abstract

“…So when a product already has a trademark that is officially registered at the Directorate General of Intellectual Property (DJKI), it will automatically be able to increase competitiveness, and local product income will increase automatically. 53 On the other hand, the existence of legal protection for domestic products is an effort to provide guarantees and security for domestic products that can sustain competitiveness and generate more income than before. In addition, the brand can also make local and regional products better known by the wider community.…”

Section: The Examination Of Electronic Intellectual Property Rights (...mentioning

confidence: 99%

Enhancing domestic product competitiveness through electronic intellectual property in Indonesia: a comparison to China, Malaysia, and Thailand

Saputro,

Islam,

Larasati

et al. 2023

View full text Add to dashboard Cite

The urgency of the protection of domestic products in supporting economic value and increasing market competitiveness plays a large role through the registration of intellectual property rights (E-IPR). The existence of intellectual property in providing legal security for domestic products was essential for its certainty and safety. This should be done asa precaution in anticipation of unhealthy business rivalries and a minimizing of counterfeit products in the market. The methods used in supporting this study through normative research using a constitutional and case approach. Additionally, it sustained the legal source from primary and secondary data and was analyzed using descriptive analysis methods. The purpose of research is to determine the extent to which intellectual property rights protection has played in supporting the success of domestic products in the market. In view of the high presence of domestic products, the intellectual property rights registration is required by governments and stakeholders through the creation of domestic products to ensure early legal awareness of the resulting creativity needed to protect them by intellectual property. The implementation of intellectual property e-rights (E-IPR) is part of the economic laws of development because it includes efforts to enhance and develop domestic products and thus protect the state, improve the competiting power of the product, and create social welfare.

show abstract

“…Merek Jasa adalah Merek yang digunakan pada jasa yang diperdagangkan oleh seseorang atau beberapa orang secara bersama-sama atau badan hukum untuk membedakan dengan jasa sejenis lainnya. Eksistensi merek jasa hanya terbatas pada bidang usaha yang berkaitan dengan bidang jasa saja (Riwanto, 2020). Merek Kolektif adalah merek yang digunakan pada barang dan/atau jasa dengan karakteristik yang sama mengenai sifat, ciri umum, dan mutu barang atau jasa serta pengawasannya yang akan diperdagangkan oleh beberapa orang atau badan hukum secara bersama-sama untuk membedakan dengan barang dan/atau jasa sejenis lainnya.…”

Section: Sampai Dengan Bulanunclassified

Penyuluhan Pendaftaran Merek Online Dalam Usaha Mikro Kecil Dan Menengah (Umkm) Di Lingkungan Karang Taruna Padalarang Kabupaten Bandung Barat

Wahyudi

Amalia

2021

JAB

View full text Add to dashboard Cite

This community service activity is organized by the Faculty of Law, Indonesian Computer University in collaboration with the Youth Organization Management, Padalarang District, West Bandung Regency. In the midst of the COVID-19 pandemic, the products of Micro, Small and Medium Enterprises (MSMEs) of the Padalarang District community continue to grow and become more diverse and almost every product has a brand, but the MSMEs brand owned has not been registered with the Directorate General of Intellectual Property. The method used is to conduct legal counseling through the media zoom meeting. The use of brands on MSMEs products can add higher selling value compared to unbranded products, MSMEs actors can be harmed if their products are used and even imitated in whole or in part by others because they sell well in the market. However, MSMEs actors cannot prevent and even sue because the mark has not been registered. Trademark registration is a must for MSME actors if they want to protect their rights to the mark. Trademarks to be registered are quite easy to use by utilizing online trademark registration, specifically for the registration of trademarks for MSMEs actors, the fees charged are lower than those of industrial marks. The legal protection of registered trademark rights is for 10 years and can be extended for the same time.

show abstract

Eksistensi Merek Jasa Terkenal Dalam Hukum Nasional Dan Internasional

Cited by 3 publications

References 1 publication

Protection of Globally Renowned Brands Which Not Registered in Indonesia

Protection of Globally Renowned Brands Which Not Registered in Indonesia

Enhancing domestic product competitiveness through electronic intellectual property in Indonesia: a comparison to China, Malaysia, and Thailand

Penyuluhan Pendaftaran Merek Online Dalam Usaha Mikro Kecil Dan Menengah (Umkm) Di Lingkungan Karang Taruna Padalarang Kabupaten Bandung Barat

Contact Info

Product

Resources

About