Jurnal Hukum IUS QUIA IUSTUM
Vol. 25 No. 2: MEI 2018

Iktikad Tidak Baik dalam Pendaftaran dan Model Penegakan Hukum Merek di Indonesia

Mukti Fajar (Universitas Muhammadiyah Yogyakarta)
Yati Nurhayati (Fakultas Hukum Universitas Islam Kalimantan MAB)
Ifrani Ifrani (Fakultas Hukum Universitas Lambung Mangkurat)



Article Info

Publish Date
05 Nov 2018

Abstract

Trade mark not only functions as an identity but also contains economic value so there are many efforts regarding bad-faith trademark registration. This study aimed to find the concept of bad-faith registration and to know the law enforcement in Indonesia. This was a normative legal research, with statute approach, conceptual approach, and case approach. The results of the study showed that: first, the concept of bad-faith has been regulated in Trademark Law Number 19 of 1992, Trademark Law Number 15 of 2001 and Law Number 20 of 2016. The concept of bad-faith is when an applicant is reasonably suspected to register his trade mark improperly and dishonestly to imitate, copy, or follow the trade mark of other parties for the interests of his business, create unfair business competition atmosphere, deceive, or mislead consumers. Second, the law enforcement on bad-faith trade mark registration is carried out by (a) rejecting the trade mark since registration process; (b) removal of trade mark by trade mark owners, government (ministers) or third parties; (c) revocation of trade mark by lawsuit in Commercial Court.

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Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...