Audito Comparative Law Journal (ACLJ)
Vol. 4 No. 1 (2023): January 2023

Comparative Analysis of Legal Protection and Criteria of Well-Known Marks (Indonesia, United States, India, China, and Germany)

I Gede Mahatma Yogiswara Winatha (Universitas Ngurah Rai, Bali, Indonesia)
A.A.Gede Agung Indra Prathama (Universitas Ngurah Rai, Bali, Indonesia)
Putu Chandra Kinandana Kayuan (Universitas Ngurah Rai, Bali, Indonesia)



Article Info

Publish Date
08 Feb 2023

Abstract

Trademark functions as a distinguishing mark between goods and/or services of its kind, as well as an identification mark for goods and/or services from the producer concerned. In order to be a well-known and widely recognized mark by the world community, and also to gain a good reputation it requires a very high investment to maintain quality and perform massive promotions in many countries. Considering this, lawful protection of well-known marks is a must. This research uses a normative juridical method by examining regulations and analyzing the previous studies, as well as other relevant legal materials to determine the criteria of well-known marks and the law protection provided for well-known marks in Indonesia. The results of this study indicate that the regulation of the criteria for well-known marks in Indonesia still does not set concretely the minimum number that must be met for each criterion. Furthermore, in principle, Indonesia provides legal protection for well-known marks, both registered and unregistered in Indonesia.

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Journal Info

Abbrev

audito

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum ...