ILMI, FAHMI KODRAT KHOERIL (2022) PENERAPAN SISTEM PENDAFTARAN KONSTITUTIF (FIRST TO FILE) TERHADAP PENIRUAN MEREK DAGANG NAMA UMUM KOPITIAM. Bachelor thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.
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Abstract
Trade in Indonesia has a very close relevance to the existence of a Mark, a regulation is needed that can provide guarantees of protection and legal certainty, especially in the field of marks which is currently regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications in order to protect all people in Indonesia and create fair business competition. A brand has 2 systems, namely a declarative system (first to use) and a constitutive system (first to file). This study was taken from the incident of the trademark dispute for the common name "Kopitiam" with Decision Number 118 PK/Pdt.Sus-HKI/2014 that there is a similarity in the trademark previously registered by Abdul Alek Soelystio on February 12, 2012. The type of research that will be used in this study this is normative juridical research. The results of this study are in accordance with Law Number 20 of 2016 concerning Marks and Geographical Indications and Regulation of the Minister of Law and Human Rights Number 67 of 2016 concerning Trademark Registration. The Mark Registration System is very important as a basis for legal justice and legal benefits for trademark owners, including in the case of the Kopitiam name. The application of the constitutive registration system (First to File) in Indonesia is in accordance with Article 21 (1) of the Law on Marks and Geographical Indications and Article 16 Paragraph (2) that a mark cannot be registered and is rejected if the registered mark belongs to another party or is requested first by other parties for similar goods and/or services. The occurrence of obstacles in substantive examination in Tracing Analysis of Marks that are the same or identical in essence, does not provide justice to other Kopitiam brand owners because they cannot register their marks and must delete the mark, while there are still characteristics or distinguishing features from Kopitiam to Kok Tong Kopitiam or Lau's Kopitiam.
Dosen Pembimbing: | Marsitiningsih, Marsitiningsih | unspecified |
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Item Type: | Thesis (Bachelor) |
Uncontrolled Keywords: | Constitutive Registration System, First to File, Trademark, Common Name, Kopitiam. |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Ilmu Hukum S1 |
Depositing User: | Catur Indra Himawan |
Date Deposited: | 22 Jul 2022 07:19 |
Last Modified: | 03 Sep 2024 03:39 |
URI: | http://repository.ump.ac.id/id/eprint/12881 |
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