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All Journal Berajah Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Wira Buana, Adiatama
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PENYULUHAN LEGALITAS HAK KEPEMILIKAN MEREK PRODUK UMKM DI DESA WISATA ROTAN, TRANGSAN, GATAK, SUKOHARJO Rifzal Alief Ramadhan, Muhammad; Rashed, Azhar; Wira Buana, Adiatama
Berajah Journal Vol. 4 No. 10 (2025): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v4i10.507

Abstract

Trademarks are used by brand owners based on trademark rights obtained according to each country’s regulations. Trademark rights are not an absolute monopoly and have a time limit. These rights can only be used by the owner or authorized parties. Indonesia applies the first-to-file system to ensure legal certainty for brand owners. However, many businesses are unaware of the importance of trademark registration, leading to frequent violations of both registered and unregistered trademarks. In contrast, the United States follows the use in commerce system, which provides protection even for unregistered trademarks. Trademark infringement cases often arise when a product goes viral, and other businesses use similar branding without authorization, leading to legal disputes and economic losses. Legal awareness regarding Intellectual Property Rights remains low in Indonesia. Trademark registration is crucial for businesses, especially MSMEs, to gain legal protection and exclusive rights under Law No. 20 of 2016 concerning Trademarks. Community Service activities related to legal counseling on MSME product brand ownership in Rattan Tourism Village, Trangsan, Gatak, Sukoharjo, aim to enhance legal knowledge and awareness among MSME business actors.
INTELLECTUAL PROPERTY RIGHTS REGARDING LEGAL CERTAINTY OF BEAUTY CLINIC PRODUCT LOGO BRAND Rifzal Alief Ramadhan, Muhammad; Rashed, Azhar; Wira Buana, Adiatama
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 4 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i4.2378

Abstract

This study aims to analyze the judge's considerations and legal consequences of the cancellation of registered trademarks and determine the party who has the right to be the actual holder of trademark rights to the issuance of intellectual property rights trademarks and product logos. Law Number 20 of 2016 concerning Trademarks and Geographical Indications states that registered trademark owners can file a lawsuit against other parties who without the right to use the Trademark that has similarities in principle or all for similar goods and/or services by filing a lawsuit for compensation and/or termination of acts related to the use of the Trademark. With this article, it can benefit registered trademark owners to be able to file a lawsuit against parties who try to piggyback on their brands to make profits. The problem is that the use of trademarks that contain similarities is basically proven to violate the provisions of Article 21 paragraph 1 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, showing that trademark law enforcement in Indonesia has not been carried out effectively that the theory of legal effectiveness according to Soekanto which states that the effectiveness of law enforcement can be influenced by certain factors, including legal factors, law enforcement factors, community factors, and cultural factors. In conclusion, the Judge has an important role in deciding the Trademark dispute case because it is to interpret the law so that it is possible for the judge to find legal value and even create a legal rule as contained in case law. These reasons or arguments are intended as the judge's accountability rather than his decision to the community, so that therefore they have objective value.
Co-Authors Rashed, Azhar Rifzal Alief Ramadhan, Muhammad