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Perlindungan Hukum Terhadap Merek Terdaftar Akibat Tindakan Trademarks Squatting di Indonesia
2022
Journal:  
Jurnal Magister Hukum Udayana
Author:  
Abstract:

The purpose of this paper is the purpose of this paper is to examine, analyze and elaborate the concept of trademarks squatting and legal protection of registered trademarks due to trademarks squatting in Indonesia. This paper is a paper using a normative research method using a statutory approach, a conceptual approach and an analytical approach. The results show that the concept of the Trademarks Squatting Act is not regulated in the provisions of the Trademarks and Geographical Indications Act, but in international settings, WIPO explains that trademark squatting is the act of registering or using a mark which is generally a well-known foreign mark, where the mark has not been registered in a country or the mark has been registered but has never been used by the owner of the mark concerned. As well as legal protection for registered marks as a result of trademark squatting in Indonesia, namely being able to file a lawsuit against other parties who unlawfully use a Mark that has similarities in principle or in its entirety for similar goods and/or services in the form of a claim for compensation; and/or Termination of all actions related to the use of the Mark in accordance with the provisions of Article 83 paragraph 1 of the Law on Marks and Geographical Indications.

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2022
Author:  
0
2022
Author:  
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Jurnal Magister Hukum Udayana

Field :   Hukuk

Journal Type :   Uluslararası

Metrics
Article : 397
Cite : 28
2023 Impact : 0.016
Jurnal Magister Hukum Udayana