Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Vol. 1 No. 5 (2024): September: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora

Inkonsistensi Mahkamah Agung Dalam Menerapkan Perlindungan Hukum Terhadap Merek Terkenal Dalam Sengketa Merek

Antonius Ivananda Dias Wijaya (Unknown)
Diana Tantri Cahyaningsih (Unknown)



Article Info

Publish Date
20 Jun 2024

Abstract

This legal writing aims to examine and analyze the inconsistency of the Supreme Court in providing protection for well-known brands in Indonesia. This research is normative legal research that is prescriptive in nature. The approaches used in this research are the statutory approach, case approach, comparative approach and conceptual approach. This research uses primary legal materials, statutory regulations and Supreme Court decisions relating to well-known trademark disputes as well as secondary legal materials in the form of research results discussing trademark disputes. The results of this research are that the Supreme Court decisions studied in this research conclude that there is inconsistency in the Supreme Court in providing protection for well-known brands. The Supreme Court has not been able to provide an appropriate protection mechanism in dealing with the legal vacuum regarding the definition of a Famous Mark. This has implications for various interpretations in considering the popularity of a brand. The considerations given by the Supreme Court have not shown justice and continuity with the ratification of international agreements regarding the legal protection of well-known marks. Where judges should be able to refer to jurisprudence in resolving famous brand disputes, this research concludes that there are inconsistencies in this matter so that legal certainty has not been created regarding the protection of famous brands.

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Journal Info

Abbrev

Aliansi

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social ...