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All Journal Research Report - Social Science Syiar Hukum: Jurnal Ilmu Hukum Veritas et Justitia Jurnal Sosial dan Teknologi
Catharina Ria Budiningsih, Catharina Ria
Jurusan Ilmu Hukum, Fakultas Hukum Universitas Katolik Parahyangan, Bandung
Humanities Civil Engineering, Building, Construction & Architecture Education Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Veritas et Justitia

 1 
ANALISIS PUTUSAN PENOLAKAN PEMBATALAN MEREK “PIERRE CARDIN” Irawan, Vania; Budiningsih, Catharina Ria
Veritas et Justitia Vol. 9 No. 2 (2023): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v9i2.6959

Abstract

Well-known trademarks are crucial to be protected because they are susceptible to infringement by third parties. Disputes concerning well-known trademarks are quite prevalent in Indonesia. One case involving a well-known trademark in Indonesia that is the focus of this research is the "PIERRE CARDIN" trademark case. Therefore, this research aims to investigate and analyze the "PIERRE CARDIN" trademark case based on Decision Number 15/Pdt.Sus-Merek/2015/PN.Niaga.Jkt.Pst, Decision Number 557 K/Pdt.Sus-HKI/2015, and Decision Number 49 PK/Pdt.Sus-HKI/2018. The research methodology employed is descriptive-analytical, involving an examination of legal documents and literature in the field of law. The analysis results indicate that there were inaccuracies in the judge's decision-making. The judge ruled that there was no evidence of bad faith in an individual's registration of the "PIERRE CARDIN" trademark, even though the registered trademark was the same as another individual's name and well-known trademark. The judge also made an inaccurate decision regarding the distinctiveness of the trademark. This inaccuracy in the decision could have implications for trade and investment due to the uncertainty surrounding the enforcement of protection for famous trademarks in Indonesia.
PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH Yustisia, Fasya; Budiningsih, Catharina Ria
Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i2.3616

Abstract

This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done through wakaf will always be made in perpetuity.  Nonetheless, the Law no. 41 of 2004 re. wakaf make possible temporary transfer of ownership which may be performed by a license agreement, transferring only right to use the trademark but not the ownership (title) thereof. Another important note to be highlighted is that Islamic law prohibits or considers not appropriate (not halal) trademark of living being or non-kosher products (goods or services).
PENGALIHAN HAK MEREK MELALUI WAKAF BERDASARKAN HUKUM POSITIF INDONESIA DAN PRINSIP SYARIAH Yustisia, Fasya; Budiningsih, Catharina Ria
Veritas et Justitia Vol. 5 No. 2 (2019): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v5i2.3616

Abstract

This article discusses the utilization of the Islamic institution of wakaf (an Islamic institution) to transfer ownership or right to use of trademark. The issue at hand is that method of trademark transfer is found regulated by Law No. 20 of 2016 re. Trademark and Geographical Indication whilst procedure and conditions of wakaf is regulated by Islamic/Syariah Law (Law No. 41 of 2004). The author notes that wakaf, understood as transfer of (ownership or proprietorship) of Trademarks, is or should be motivated by religious considerations or made in the public interest. Therefore, transfer done through wakaf will always be made in perpetuity.  Nonetheless, the Law no. 41 of 2004 re. wakaf make possible temporary transfer of ownership which may be performed by a license agreement, transferring only right to use the trademark but not the ownership (title) thereof. Another important note to be highlighted is that Islamic law prohibits or considers not appropriate (not halal) trademark of living being or non-kosher products (goods or services).
Co-Authors Budiana Gomulia Irawan, Vania Nur Febry Rahmadhiani Vera Intanie Dewi Wijaya, Belinda Yustisia, Fasya