PENERAPAN SYARAT DAYA PEMBEDA DALAM PERLINDUNGAN MEREK TERHADAP KASUS PELANGGARAN MEREK ATAS PERSAMAAN PADA POKOKNYA BERDASARKAN UU NO.15 TAHUN 2001 TENTANG MEREK.

THE APPLICATION OF DISTINGUISHING TRAITS IN BRAND
PROTECTION TO THE CASE OF BRAND VIOLATION ON THE
SIMILARITY IN PRINCIPLE REFERRING TO REGULATION NO.
15/2001 ON BRANDS

Maria Rosari Putri
110110110308

ABSTRACT

Branding system plays important roles in trading; one of which
is to determine the ability of a company in creating certain products.
Well-known brands result in positive impacts for sales and success of
the business. To ensure protection, particularly for legal reasons, for
this crucial element, it is highly suggested to register brands to the
General Directorate of Intellectual Property Rights. This research,
therefore, aims to discuss issues related to brand protection which
include the application of distinguishing traits in principle and protection
for the registerers with good intention having problem with similarity in
principle with the previously registered brand.
The method used for the purposes of this research is analytical

descriptive by describing facts as the object along with analysis on the
prevailed regulations. Normative judicial approach is also conducted by
focusing on secondary data in the form of primary, secondary, and
tertiary legal materials supported by field research and interviews to
gain a complete description on the issue.
The results show that the application of distinguishing traits in
brand protection to the case of brand violation on the similarity in
principle is still lack of similar concepts and brand protection only covers
the initial registerers. The brands, however, may be annulled if the good
intention is proven to be absent as stated in Regulation No. 15/2001 on
Brands.

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