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All Journal Indonesia Law Reform Journal (ILREJ)
Ni Nyoman Sri Purnama Sutianti
Faculty of Law, University of Ngurah Rai, Denpasar, Bali, Indonesia.
Law, Crime, Criminology & Criminal Justice

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Settlement of Brand Rights Disputes Through the Commercial Court in Indonesia: Study of Surabaya Court Decision I Gede Mahatma Yogiswara; Lesza Leonardo Lombok; Asrul Ibrahim Nur; I Gusti Bagus Indra Kumara; Ni Nyoman Sri Purnama Sutianti
Indonesia Law Reform Journal Vol. 2 No. 3 (2022): November, 2022
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v2i3.23754

Abstract

Brands play a significant role in economic development because they help consumers identify the origin of a product or service. Brand ownership is acknowledged at the time of brand registration with the Directorate General of Intellectual Property. The first prerequisite for registering a brand is ensuring that it possesses all of its attributes. Therefore, some characteristics distinguish it from other brands. Despite these regulations, brand infringements still occur. One of them is the disagreement between PT. Gudang Garan and PT. Gudang Baru, whose brands are comparable. Therefore, a study on Indonesian law enforcement in resolving brand issues is required. The current study employed normative legal research and normative juridical methodologies. Using descriptive qualitative data analysis, the study focused on laws and regulations. The Surabaya Commercial Court determined, based on a dispute between PT. Gudang Garan and PT Gudang Baru, that PT. Gudang Baru breached Article 21 Paragraph 1 of Law No. 20 of 2016, declaring the Gudang Baru brand comparable to the well-known Gudang Garan brand. As a result, the Gudang Baru brand was revoked, and to ensure a deterrent effect, DGKI ordered any application for registration of a brand that resembles PT. Gudang Garan be denied.
Co-Authors Asrul Ibrahim Nur I Gede Mahatma Yogiswara Winatha I Gusti Bagus Indra Kumara Lesza Leonardo Lombok