Authority of Government Discretion of the Pentakosta Trademark
- DOI
- 10.2991/aebmr.k.200321.007How to use a DOI?
- Keywords
- discretion, authority, trademark, Pentakosta, intellectual property
- Abstract
The trademark of the Pentakosta is registered in class 45 which is a class of religious organization services. In accordance with Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as a registered trademark, Pentakosta has legal protection in its use. However, Pentakosta trademark is problematic. The first problem arises when church management changes. The new management wants to delete the registered trademark. Removal of registered marks as mandated by Law No. 20 of 2016 can be carried out according to applicable regulations. In practice, the removal of Pentakosta trademark was also problematic. One of the policies carried out by the Directorate of Trademark and Geographical Indication to overcome the problem was to revive the deleted trademark. This research emphasizes the discussion on the authority of the Directorate General of Intellectual Property which ultimately freezes the trademark of the Pentakosta. The study was conducted by analyzing the decisions of the State Administrative Court that tried this case. The results of the study found that the authority of the Directorate General of Intellectual Property to abolish the Pentakosta trademark still depends on the interpretation of judges.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Lily Evelina Sitorus AU - Anna Erliyana PY - 2020 DA - 2020/03/27 TI - Authority of Government Discretion of the Pentakosta Trademark BT - Proceedings of the 3rd International Conference on Law and Governance (ICLAVE 2019) PB - Atlantis Press SP - 46 EP - 53 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200321.007 DO - 10.2991/aebmr.k.200321.007 ID - Sitorus2020 ER -