2023
DOI: 10.55324/ijoms.v2i4.425
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Mixing of Brand Cancellation Lawsuits and Brand Infringement Lawsuits

Abstract: The mixing between trademark infringement lawsuits and annulments has made it an issue in trademark law enforcement, thus making it an excuse for the Supreme Court to overturn the Court's ruling. It raises new cases from the procedural law of brand law enforcement, but the dimensions of brand protection must still be upheld. For this reason, it is necessary to explain the difference between a trademark infringement lawsuit and trademark cancellation, as well as the reasons for the supreme court judge in decisi… Show more

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“…Indonesia's manufacturing sector plays an important role in the country's economic growth, contributing significantly to GDP and employment (Harahap et al, 2023;Juliana et al, 2023;Primanthi & Kalirajan, 2023;Saputra et al, 2023). In order to thrive amidst globalisation and technological advancements, Indonesian companies must focus on innovation, process optimisation and productivity improvement Wolok et al, 2023).…”
Section: Introductionmentioning
confidence: 99%
“…Indonesia's manufacturing sector plays an important role in the country's economic growth, contributing significantly to GDP and employment (Harahap et al, 2023;Juliana et al, 2023;Primanthi & Kalirajan, 2023;Saputra et al, 2023). In order to thrive amidst globalisation and technological advancements, Indonesian companies must focus on innovation, process optimisation and productivity improvement Wolok et al, 2023).…”
Section: Introductionmentioning
confidence: 99%
“…Article 83 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications regulates the procedure for claiming Mark cancellation, which states that a Mark owner can file a lawsuit against a party who without rights has used his trademark and/or used a brand that is similar in whole or basically with his brand (Mardianto, 2010;Shaleh & Trisnabilah, 2020). Furthermore, in Article 77 of the Law on Trademarks and Geographical Indications, it is stated that a lawsuit for cancellation of a registered mark can only be filed no later than 5 years after the registration of a Mark, with the exception stipulated in paragraph (2) of the said Article, namely if a Mark is proven to have been registered in bad faith (Saputra & Marlyna, 2023). good, contrary to morality, laws and regulations, religion, state ideology, decency, and public order, then an application for annulment can be submitted without any time limit (Faulika Irtiyah, 2021;Prasomya & Santoso, 2022).…”
Section: Introductionmentioning
confidence: 99%