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INDONESIA
Jurnal Media Hukum
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 08548919     EISSN : 25031023     DOI : 10.18196/jmh
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
MEDIA HUKUM (JMH) (ISSN:0854-8919, E-ISSN:2503-1023) is journal published by Faculty of Law Universitas Muhammadiyah Yogyakarta. JMH publishes scientific articles that related in law, development and harmonization of Shariah and positive law in Indonesia. JMH are published twice a year, in June and December. Articles are written in English or Bahasa Indonesia and reviewed by competence reviewers.
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Articles 12 Documents
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Search results for , issue " Vol 19, No 1 (2012)" : 12 Documents clear
HARMONISASI REGULASI DAN EFEKTIVITAS KELEMBAGAAN SAFEGUARD DI INDONESIA Alfaqiih, Abdurrahman
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The implementation of WTO agreement is not easy in accordance with the estabilished regulations, so deviations in the process of trade liberalization that press domestic indrusties will likely to take place. Therefore, it is necessary to have safety actions to actualize mutual benefits in international trade. There are many cases of safety actions conducted by many countries such as Argentine that implements safety actions to its footwear industries without adapting to WTO regulations which causes the country’s losses. The paper examines the consistency of safeguard regulations in Indonesia with safeguard regulations of WTO and its implementation reviewed from the law effectiveness. The result of the study shows that the safeguard regulations in Indonesia is in accordance with the safeguard regulations of WTO in the normative level, but in the implementation the policy is not done effectively.
INDIKASI GEOGRAFIS: REZIM HKI YANG BERSIFAT SUI GENERIS Sasongko, Wahyu
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The existence of the Geographical Indication (GI) was estabilished at the same time as the TRIPs Agreement in 1994. In the TRIPs Agreement, GI is Intellectual Property Rights (hereafter IPR) regime that is typical of sui generis due to its distinctive features. It is reflected in the elements that are in the definition of GI. Basically, GI has set the use of Geographical names to recognise an object. Previously, the IPR regime had also set them, namely: Indication of Source (IS) and Apellation of Origin (AO), that were set in the Paris Convention in 1883, Madrid Agreement in 1891, and the Lisbon Agreement in 1958. Instead, the geographical names are also used as brands. The paper is a theoretical study towards two problems. First, the elements that become the characteristics of GI so that it is typical of sui generis. Second, the similiarities and the differences amongst GI and IS, AO and other trademarks. The findings of the study reveal that GI is typical of sui generis, reflected in the elements that are in the GI definition as it has already been agreed upon in the TRIPs Agreement. There are similiarities amongst GI and AS, AO and other trademarks, namely they can use the geographical names as a label on objects. Meanwhile, the differences are in the elements themselves. IS has the simplest element, followed by GI and the trademark is in ownership system that is individual in the trademark and communal in GI.

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