Proceedings of the International Conference on Law Reform (INCLAR 2019)

Legal Protection Implications on Trademark in Indonesia by Comparing the First to Use and First to File Principles

Authors
Prisca Oktaviani Samosir, Aida Mustafa
Corresponding Author
Prisca Oktaviani Samosir
Available Online 4 March 2020.
DOI
https://doi.org/10.2991/aebmr.k.200226.029How to use a DOI?
Keywords
Trade Mark, first to use, first to file, declarative and constitutive principles
Abstract

Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark has value, it is appropriate for trademark owners to get legal protection. Legal protection for trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first to file. Currently, Indonesia does not use the principle of first to use, where the first trademark user has protection against the trademark. The application of these two principles has a difference to the implications for legal protection provided specifically on company-owned trademarks. This paper will discuss the differences in the implications of legal protection for company trademarks in Indonesia by comparing the principles of first to use and the principle of first to file. This paper used normative method with an economic analysis of law approach. The results showed that the principle of first to file in trademark registration more fulfilled the principles of rational choice, efficiency, value and utility compared to the principle of first to use.

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/).

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Volume Title
Proceedings of the International Conference on Law Reform (INCLAR 2019)
Series
Advances in Economics, Business and Management Research
Publication Date
4 March 2020
ISBN
978-94-6252-916-8
ISSN
2352-5428
DOI
https://doi.org/10.2991/aebmr.k.200226.029How to use a DOI?
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  - Prisca Oktaviani Samosir
AU  - Aida Mustafa
PY  - 2020
DA  - 2020/03/04
TI  - Legal Protection Implications on Trademark in Indonesia by Comparing the First to Use and First to File Principles
BT  - Proceedings of the International Conference on Law Reform (INCLAR 2019)
PB  - Atlantis Press
SP  - 143
EP  - 146
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200226.029
DO  - https://doi.org/10.2991/aebmr.k.200226.029
ID  - Samosir2020
ER  -