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Analisis Itikad Tidak Baik dalam Pendaftaran Merek: Tinjauan Hukum dan Implikasinya Noor, Tajuddin; Zulkifli, Suhaila; Keliat, Venia Utami
Verdict: Journal of Law Science Vol. 4 No. 2 (2025): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.4.2.2025.87-101

Abstract

To prevent infringement and cancellation, trademarks, as a form of intellectual property, must be clearly distinguishable from one another. The process of trademark registration must comply with the procedures established by the Directorate General of Intellectual Property (DGIP), which serve as a formal basis for the recognition of legal ownership. Despite this, similarities between trademarks frequently occur, resulting in disputes that are often rooted in bad faith. This study examines the procedural aspects of trademark registration under Law No. 20 of 2016, the criteria for acceptance or rejection of a trademark application, and the mechanisms for resolving disputes arising from bad-faith registration. This research adopts a normative juridical approach, utilizing theories, legal concepts, and statutory frameworks that are relevant to trademark protection. Primary data were obtained through field observations and community interviews, while secondary data were collected from books, online databases, and prior research. The findings indicate that bad faith is characterized by the deliberate intent to imitate an existing registered trademark, which may cause economic loss or reputational damage to the rightful owner. The law further stipulates that applicants acting in bad faith may be subject to sanctions. In conclusion, trademark registration procedures are governed by Article 4 of Law No. 20 of 2016, which requires that a trademark possess distinctiveness. Applications that fail to meet this requirement may be rejected in accordance with Article 21. Available dispute-resolution mechanisms include deletion or cancellation of a registered mark, as well as the filing of infringement lawsuits.
Tinjauan Yuridis Pembatalan Pendaftaran Merek Terkenal Dari Daftar Umum Merek Akibat Tidak Adanya Itikad Baik (Studi Putusan Mahkamah Agung Nomor 532 K/Pdt.Sus-HKI/2024) Azriliani, Putri; Noor, Tajuddin; Dany, Bina Era
Jurnal Hukum dan Kemasyarakatan Al-Hikmah Vol 6, No 4 (2025): Edisi Desember 2025
Publisher : universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhah.v6i4.12780

Abstract

The Urgency of Digital Oversight and Literacy in Balancing the Rights and Obligations of Debtors and Creditors in Online Loan Services Noor, Tajuddin; Zulkifli, Suhaila
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.22783

Abstract

The rise of the digital economy has been greatly facilitated by the development of electronic lending and transactions, particularly in terms of increasing access and corporate access to funding. Protection of users' personal information, as stipulated in Law Number 11 of 2008 concerning Electronic Information and Transactions and Regulation of the Minister of Communication and Informatics Number 20 of 2016, must always be considered in implementing these activities. Only institutions registered and providing services in accordance with Financial Services Authority Regulation Number: 77/POJK.01/2016 are permitted to offer financial technology (fintech) lending services. Using a legislative approach and normative legal techniques, this research is supported by secondary legal materials such as legal philosophy and literature. Based on the research findings, legal protection for creditors and debtors in fintech lending services has been made possible by various legal instruments. However, several obstacles remain in its implementation, particularly related to the scope of personal information and collection methods that violate ethical standards. Law Number 8 of 1999 concerning Consumer Protection provides legal protection for debtors, while Law Number 4 of 1996 concerning Mortgage Rights provides legal protection for creditors. Therefore, to achieve a fair, proportional, and sustainable balance of rights and obligations between debtors and creditors, stricter supervision, better digital literacy, and consistent law enforcement are needed.