PENERAPAN PASAL 61 HURUF B UNDANG-UNDANG NOMOR 15 TAHUN 2001 TENTANG MEREK DALAM PUTUSAN NO 269 K/PDT.SUS-HKI/2015 ANTARA RUSLAN KASIM VS MURNIATY WAN

Muchamad Abdul Hafid (Fakultas Hukum Universitas Brawijaya)

Jurnal Mahasiswa Fakultas Hukum
Sarjana Ilmu Hukum, Juni 2017

THE ENANCTMENT OF ARTICLE 61 LETTER (B) OF LAW NUMBER 15 YEAR 2001 ABOUT BRAND IN THE DECREE NUMBER 269 K/PDT.SUS-HKI/2015 BETWEEN RUSLAN KASIM VS MURNIATY WAN   Muchamad Abdul Hafid, Afifah Kusumadara, SH., LLM.SJD, Moch. Zairul Alam., SH., MH.   Faculty of Law Universitas Brawijaya   Email: [e-mail]   Abstract The use of brand must be in accordance with what is being registered. This is regulated in article 61 letter (b) of Law number 15 year 2001 about brand which states that brand can be cancelled is it is not suitable with what is registered. In reality, many companies use different brands from what they have registered. It also happened in the case between Ruslan Kasim againts Murniaty Wan. Ruslan Kasim as the owner of Singa Aceh Brand for soysauce accused Murniaty Wan as the owner of Bola Singa’s brand for sauce use significantly different brand than what she had registered. This case already got the legal decision by The High Court  number 269 K/Pdt.Sus-HKI/2015. The result of the study show that the judgemade the wrong decision in the case of brand between Ruslan Kasim againts Murniaty Wan because the interpretation of the third party in article 63 of Law year 2001 did not have specific explanation and there was indication there was a cassing of in the registration of brand by Murniaty Wan. Besides there were different perceptions on what decision to make in settling the case between Ruslan Kasim and Murniaty Wan is the decision on the case was based on Law number 15 year 2001 about brand and Law number 20 year 2016 about brand and geographical indication.   Keyword: brand, brand deletion