Prinsip Itikad Baik Terhadap Merek MS Glow

Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal prot...

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Bibliographic Details
Main Authors: Taslim Abd. Rachman, Rusdin Alauddin, Sultan Alwan
Format: Article
Language:English
Published: Postgraduate Master of Law Universitas Widya Gama 2024-04-01
Series:Legal Spirit
Subjects:
Online Access:https://publishing-widyagama.ac.id/ejournal-v2/index.php/jhls/article/view/5091
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author Taslim Abd. Rachman
Rusdin Alauddin
Sultan Alwan
author_facet Taslim Abd. Rachman
Rusdin Alauddin
Sultan Alwan
author_sort Taslim Abd. Rachman
collection DOAJ
description Legal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of "first to file". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the "first to file" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of "first to file" to the public so that understanding of the trademark and the registration process becomes better.
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spelling doaj.art-45665c1aa6014a9c83090942eebb2a592024-04-05T14:38:21ZengPostgraduate Master of Law Universitas Widya GamaLegal Spirit1978-26082621-91152024-04-018112713810.31328/ls.v8i1.50912715Prinsip Itikad Baik Terhadap Merek MS GlowTaslim Abd. Rachman0Rusdin Alauddin1Sultan Alwan2Universitas KhairunUniversitas KhairunUniversitas KhairunLegal protection is an important aspect that needs to be considered in the controversy between MS Glow and PS Glow trademarks. PT Kosmetika Global Indonesia, the MS Glow brand holder that has registered its brand with the Director General of Intellectual Property Rights, requires adequate legal protection. The public sees that the products of the MS Glow brand are better known than the products of the PS Glow brand, and there is a view that PS Glow is trying to hijack the popularity of MS Glow. Through normative juridical legal research, it was found that in the context of the principle of good faith, MS Glow is entitled to legal protection as a brand owner. The brand owner has the exclusive right to the use of its brand and the government is responsible for ensuring this protection. The judge's decision in the dispute between the MS Glow and PS Glow trademarks (Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN.Niaga.Sby) has fulfilled the principle of legal certainty. The judge refers to Law Number 20 Year 2016 on Trademark Registration and Geographical Indications as well as the principle of "first to file". However, the decision has not fully reflected justice and expediency. In the context of trademark registration, the "first to file" principle needs to be evaluated by the government to make it fairer. The lengthy trademark registration process must pay close attention to every detail, the Director General of IPR must be more active in socializing Law Number 20 Year 2016, including the principle of "first to file" to the public so that understanding of the trademark and the registration process becomes better.https://publishing-widyagama.ac.id/ejournal-v2/index.php/jhls/article/view/5091legal protection, good faith, ms glow trademark, ps glow trademark.
spellingShingle Taslim Abd. Rachman
Rusdin Alauddin
Sultan Alwan
Prinsip Itikad Baik Terhadap Merek MS Glow
Legal Spirit
legal protection, good faith, ms glow trademark, ps glow trademark.
title Prinsip Itikad Baik Terhadap Merek MS Glow
title_full Prinsip Itikad Baik Terhadap Merek MS Glow
title_fullStr Prinsip Itikad Baik Terhadap Merek MS Glow
title_full_unstemmed Prinsip Itikad Baik Terhadap Merek MS Glow
title_short Prinsip Itikad Baik Terhadap Merek MS Glow
title_sort prinsip itikad baik terhadap merek ms glow
topic legal protection, good faith, ms glow trademark, ps glow trademark.
url https://publishing-widyagama.ac.id/ejournal-v2/index.php/jhls/article/view/5091
work_keys_str_mv AT taslimabdrachman prinsipitikadbaikterhadapmerekmsglow
AT rusdinalauddin prinsipitikadbaikterhadapmerekmsglow
AT sultanalwan prinsipitikadbaikterhadapmerekmsglow