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Legal Safeguards for Owners of Untapped Foreign Brands Under Indonesia's First-to-File Principle Arfiansyah Dewa Artija; Sri Budi Purwaningsih
Indonesian Journal of Law and Economics Review Vol 19 No 2 (2024): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v19i2.1013

Abstract

This study examines the risks associated with unregistered trademarks, particularly in the context of Indonesia's adherence to the First To File principle. Employing normative methods with a statistical and statutory approach, data was gathered from Supreme Court Decision and DGIP Brand websites to identify potentially problematic and non-problematic brands. Results reveal three layers of legal protection for foreign brand holders outlined in TRIPS regulations, the Paris Convention, and Law no. 20 of 2016, each with its own limitations. Moreover, the study delineates two forms of legal safeguarding for brands: preventive measures through regulatory frameworks and repressive actions via sanctions for infringements. These findings underscore the importance of registering trademarks for robust protection, emphasizing the need for comprehensive legal strategies to mitigate risks for brand owners in the global marketplace. highlights : The study elucidates the vulnerabilities associated with unregistered trademarks within the framework of Indonesia's First To File principle. It identifies and examines the legal safeguards available to foreign brand holders under TRIPS regulations, the Paris Convention, and Indonesian Law no. 20 of 2016. The research underscores the significance of comprehensive legal strategies, including preventive measures and repressive actions, to protect brand owners in the global marketplace. Keywords: Unregistered trademarks, Legal protection, Brand ownership, Intellectual property rights, First To File principle.
Ethical Resolution of Customary Land Disputes Through Harmonizing Tradition and Law Sulaiman Sulaiman; Sri Budi Purwaningsih
Indonesian Journal of Cultural and Community Development Vol 15 No 2 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijccd.v15i2.1046

Abstract

This research examines the customary land disputes between the Tiwu Kondo sub-district government and the Ndoko tribe in East Manggarai, NTT Province. It aims to identify the resolution efforts involving mediation and deliberation with traditional and religious leaders, emphasizing ethical values, local customs, and applicable laws. Using a juridical-empirical approach, data were collected through literature studies, observations, and interviews. Findings reveal that integrating traditional customs and modern legal frameworks, guided by UUPA No.5/1960 and PERDA Manggarai No.1/2018, can effectively resolve disputes, offering a model for fair and sustainable outcomes. Highlights: Integrating Traditions and Laws: Combining customs with modern legal frameworks. Mediation and Deliberation: Involving traditional and religious leaders. Fair and Sustainable Outcomes: Emphasizing ethical values and local norms. Keywords: Land disputes, Customary land, Mediation, Traditional customs, Legal frameworks