Kusbianto, Kusbianto and Dewi, Ayu Trisna and Sitanggang, Mahadi Oloan (2020) The Law of Effectiveness on Brand Name Disputes for Better Industrial Protection. Discussion Paper. UNDHAR.
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Abstract
Brand name or trademarks as the property rights of companies are often consumed in Indonesian Courts as commercial conflicts. Any decision of the courts on a brand name might support or not support industrial protection in Indonesia. This paper was conducted to seek the effectiveness of Indonesian Law number 20 of 2016 of property law to support industry in Indonesia. A qualitative approach was conducted to collect data and analyse the effectiveness of Indonesian law from the high consumption of brand name disputes in the courts. The data collection comprised the case of trademarks between J. Casanova and Casano. The Supreme Court decided the winner in the Number 197PK/Pdt.Sus-HKI/2018, and has used Law Number 20 of 2016 concerning trademarks and geographical indications, where decisions at the District Court and Cassation level still use Law Number 15 of 2001 regarding brands. The data analysis showed that the Court had protected the property rights of trademarks and it supports the industrial protection Law.
| Item Type: | Monograph (Discussion Paper) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > S1-Hukum |
| Depositing User: | Unnamed user with email nanda@dharmawangsa.ac.id |
| Date Deposited: | 12 Apr 2022 06:31 |
| Last Modified: | 12 Apr 2022 06:31 |
| URI: | http://repository.dharmawangsa.ac.id/id/eprint/636 |
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