Penyelesaian Sengketa Merek Terkenal “SEPHORA” atas Dasar Persamaan Pada Pokoknya Berdasarkan Herzien Inlandsch Reglement (HIR) dan Undang-Undang Merek

Tasya Safiranita
Sherly Ayuna Putri
Hazar Kusmayanti

Dialogia Iuridica
Vol. 9 No. 1 (2017): Volume 9 Nomor 1 November 2017

Brand is a sign in the form of pictures, names, words of letters, numbers, arrangement of colors, or combinations of those elements which have distinguishthing power and are used in goods or service trade activities. The terms in the brand, especially regarding the protection of famous brands, can actually be applied in the case of domain names. "There is a provision in the TRIPs that governs the issue of protection of this famous brand, and the public becomes bound by the provision because it has been ratified". The meaning is Article 16 (3) TRIPs (Trade Related Aspect of Intellectual Property Rights). Article 16 (3) states that Article 6 bis of the Paris Convention on Protection of Industrial Property Rights shall apply, mutatis mutandis to goods and services which are not similar to goods and services to which a trademark has been registered.