Indonesia Private Law Review
Vol. 1 No. 1 (2020)

EKSEKUTORIAL PUTUSAN PEMBATALAN MEREK TERDAFTAR

Eko Yuliyanto (Law Firm Eko Yuliyanto & Partners)



Article Info

Publish Date
09 Sep 2020

Abstract

Brand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has been canceled.The paper will focus on the analysis of judges' consideration in making the decision to cancel the registered brand (case study of decision No. 85 PK / Pdt.Sus-HKI / 2015), as well as an analysis of the execution of the decision to revoke registered brand (case study of decision No. 85 PK / Pdt.Sus -HKI / 2015). The method used is normative legal research. The results of the study showed that the legal basis by the Judges had accommodated all the substance of the juridical reason for the cancellation of the brand Cap Kaki Tiga by referring the provisions of Article 6 paragraph (3) letter b of Trademark Law (currently regulated in Article 21 Paragraph (2) letter b of the Trademark and Geographical Indications Law).Furthermore, an executorial decision regarding the cancellation of a registered brand may only be limited to procedural actions in administrative business such cancellation the brand from the general register and announcing the cancellation the brandin the official news of that brand.

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Journal Info

Abbrev

iplr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

FOCUS The Indonesian Private Law Review discusses matters in the private law field, consisting of established or founded upon law actions. Subsequently, the Indonesian Private Law Review focuses on implementation to put a decision or plan into effect or execution. In the Indonesian Private Law ...