Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

Review of the Protection of the Sole Rights of the Famous Trademark Holder Crocodile (Study of Supreme Court Decision Number 74 PK/Pdt.Sus-HKI/2019)

Authors
Jeane Neltje Saly1, *, Bobbie Khoman1
1Faculty of Law, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding Author. E-mail:jeanenovember@gmail.com
Corresponding Author
Jeane Neltje Saly
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.051How to use a DOI?
Keywords
Legal Protection; Mark; Sole Rights; Trademark Rights; Canceled Trademark
Abstract

In Law Number 20 of 2016 concerning Marks and Geographical Indications Article 1 Paragraph (5) it has been explained that the right to a mark is an exclusive right granted by the state to the owner of a registered mark for a certain period of time by using the Mark itself or giving permission to another party to use it. However, in the implementation, disputes often occur between parties, especially regarding the rights to this mark. This dispute also raises questions regarding legal protection for trademark rights holders and how the judge’s considerations relate to the decision of a trademark dispute. So it’s necessary to study which aspects can be considered as conditions for a mark to be canceled or removed to ensure legal protection for the parties who own the rights to the mark and also in an effort to achieve legal certainty itself. The type of research is normative research. To support this research, the author uses the type of literature study research. The method used is using a statutory approach and a case approach. It turns out that based on the results of the study, it can be seen that the conclusion is the applicable law is sufficient to regulate trademark rights, but it is necessary to re-optimize the application and implementation of this law by the parties concerned. Trademark as a product of intellectual result of certain parties must be guaranteed and protected by the state, one of which is to advance the country. it can be seen that the conclusion is the applicable law is sufficient to regulate trademark rights, but it is necessary to re-optimize the application and implementation of this law by the parties concerned. Trademark as a product of intellectual result of certain parties must be guaranteed and protected by the state, one of which is to advance the country. it can be seen that the conclusion is the applicable law is sufficient to regulate trademark rights, but it is necessary to re-optimize the application and implementation of this law by the parties concerned. Trademark as a product of intellectual result of certain parties must be guaranteed and protected by the state, one of which is to advance the country.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.051
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.051How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

TY  - CONF
AU  - Jeane Neltje Saly
AU  - Bobbie Khoman
PY  - 2022
DA  - 2022/04/21
TI  - Review of the Protection of the Sole Rights of the Famous Trademark Holder Crocodile (Study of Supreme Court Decision Number 74 PK/Pdt.Sus-HKI/2019)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 327
EP  - 333
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.051
DO  - 10.2991/assehr.k.220404.051
ID  - Saly2022
ER  -