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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Amicus Curiae
Nugrahani, Aline Gratika
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Law, Crime, Criminology & Criminal Justice

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KAJIAN TERHADAP INTELLECTUAL PROPERTY OFFICE OF SINGAPORE (IPOS) DALAM PENYELESAIAN SENGKETA MEREK: A Study of the Intellectual Property Office of Singapore (IPOS) in Trademark Dispute Resolution Wahyuni, Putri Indah; Nugrahani, Aline Gratika
AMICUS CURIAE Vol. 2 No. 1 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/g2bwg597

Abstract

Trademark protection will arise when the trademark is registered, this system is called the constitutive system. The use of a constitutive system provides more legal certainty than a declarative system on copyright, however, trademark registration does not terminate trademark infringements that give rise to many disputes. Trademark dispute resolution can be resolved through mediation or litigation. Based on TRIPs (Trade Related Aspect of Intellectual Property Rights), the parties can choose between the two settlements. However, dispute resolution in each TRIPs member country has differences, one of which is about time, some countries require a long dispute resolution time, some have a shorter duration. Like Singapore, through IPOS, it can resolve trademark disputes in a short time. For this reason, this paper will examine IPOS in the process of resolving trademark disputes in Singapore with a slight comparison of trademark dispute resolution in Indonesia. This study uses a normative writing method with the use of secondary data, which is supported by primary data. The nature of the research is descriptive analysis, by analyzing the data qualitatively. Based on the results, it is concluded that through IPOS, trademark dispute resolution in Singapore can be resolved through faster and cheaper administrative channels. .
The Philosophical Foundation of Intellectual Property Rights Protection Setyaningsih, Setyaningsih; Nugrahani, Aline Gratika; Mariane, Irene
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.4643

Abstract

The communal system that lives in Indonesian society creates a view and culture that seems to oppose the presence of IPR because of its individuality. Enforcement of IPR protection in Indonesia is still a big homework for the Indonesian government in the midst of the communality of Indonesian society. On the other hand, the pressure of large countries has triggered the imposition of IPR regulations in Indonesia. As a result, Indonesia always holds the status of priority watch list. This paper discusses the philosophical basis for IPR protection in accordance with the character of Indonesian society. This paper will also examine how religion views the concept of IPR protection. So that IPR can be well received and grow properly in Indonesia. The writing uses normative research methods. Finally, it can be concluded that the MUI fatwa which prohibits and forbids the use of Intellectual Property Rights belonging to others without permission, is a strong foundation to sensitize Indonesian society as a religious society that is very obedient to its religious teachings to comply with the protection of Intellectual Property Rights.
Co-Authors Mariane, Irene Setyaningsih Setyaningsih, Setyaningsih Wahyuni, Putri Indah