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Indah Windriyanti
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Application of The Principle of Good Faith in Regards to Trademark Dispute Cases in Court Decisions in Indonesia (Case Study: Number 11/Pdt.Sus-Merek/2016/Pn.Niaga.Jkt.Pst) Indah Windriyanti; Martono
Tarumanagara Law Review Vol. 1 No. II (2019): Talrev-Untar
Publisher : Faculty of Law Tarumanagara University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/talrev.v1iII.38982

Abstract

This research is titled "Application of Good Faith Related to Trademark Disputes Cases in Indonesian Court Decisions (Case Study: Number 11/Pdt.Sus-Trademark/2016/PN.Niaga.Jkt.Pst). In this thesis the thing discussed is about One of the fields of Intellectual Property Rights (IPR) is Trademark. One of the fundamental issues in the debate over trademark disputes concerns about how to determine the existence of 'good faith' based on Law no. 20 of 2016 concerning Trademarks and Geographical Indications must be proven by the intention of the applicant to imitate, copy or follow the brands of other parties for the sake of his business so as to create unfair business competition conditions, deceive, or mislead consumers. Provisions and formulations related to the notion of good faith in the law, especially the trademark law, as well as other definitions contained in the Indonesian language dictionary and the legal dictionary, do not provide clear limits and criteria about bad faith, so that it always raises many related conflicts the attempt to cancel a brand in bad faith. Determining this bad intention is important in resolving famous trademark disputes in the Court, because the court has the authority to interpret the formulation of the law. In this context a judge needs to make a legal discovery
Co-Authors Martono