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ANALISIS PENTINGNYA IMPLEMENTASI PENYELESAIAN SENGKETA ONLINE DI INDONESIA Vizta Dana Iswara
Legalitas: Jurnal Hukum Vol 13, No 1 (2021): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v13i1.245

Abstract

Online Dispute Resolution (ODR) is a legal innovation that utilizes technological advances in alternative dispute resolution methods in which through the ODR, the disputing parties do not need to meet directly to resolve their disputes. The method used by the writer in this scientific journal is the normative research method. The researcher uses secondary data in the form of document studies, journals, literature and research journals and other sources that can be used as the material in this scientific article. ODR is expected to facilitate the dispute resolution process arising from cross-border trade transactions, where conventional judicial mechanisms may not offer adequate solutions or legal assistance to resolve cross-border e-Commerce disputes. Currently, there are 4 types of dispute resolution systems using ODR: e-Settlement, e-Arbitration, e-Resolution and e-Mediation. However, several things must be considered if Indonesia wants to implement this ODR method, namely Indonesia needs to pay attention to and consider technological barriers, access and affordability, and obstacles to system security and confidentiality of personal data.
LAW PROTECTION TOWARDS TRADEMARK OF PT. VIONA DUTA SAMUDRA THROUGH TRADEMARK REGISTRATION ACCOMPANIMENT Vizta Dana Iswara; Tantimin Tantimin
ConCEPt - Conference on Community Engagement Project Vol 2 No 1 (2022): Conference on Community Engagement Project
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesian people have realized how important it is to register a trademark for their business. Because, the brand is an identity of a business which means the brand serves as a differentiator for a product or service which is intended to show the characteristics and origin of a product or service. Therefore, it is necessary to register the Mark with the Directorate General of Intellectual Property in order to obtain rights to the Mark. Meanwhile, the registration process for Marks can be found in Law no. 20 of 2016 concerning Brands and Geographical Indications. With the regulation on this mark, a registered mark can have legal protection from the state. The protection referred to in this context is in the form of legal protection where the registered mark cannot be used by other parties without being known and without the permission of the Mark owner. Thus, by having a certificate of right to a mark, directly the party who registered the mark or in other words the applicant for the registration of the mark has become the legal owner of the mark for the goods and/or services. In addition to functioning as property rights, trademark certificates can also serve as proof of legal ownership of goods and/or services when in court. PT. Viona Duta Samudra is a company engaged in the service sector where the main focus of its business is the processing of legal documents for Foreign Workers (TKA) but it is known that PT. Viona Duta Samudra has not registered its trademark with the Directorate General of Intellectual Property (DJKI). So, the author tries to help the company to register the trademark so that the company can avoid disputes and actions by persons who do not have good faith related to the owner's mark. The research method implemented by the author in this study is an empirical legal research methodology, where the author uses primary data in the form of face-to-face interviews and observations supported by secondary data in the form of library research. Meanwhile, the receipt of the application for trademark registration is the result of the trademark registration process of PT. Viona Duta Samudra.