EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION

Brand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has bee...

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Main Author: Eko Yuliyanto
Format: Article
Language:English
Published: faculty of law universitas lampung 2020-09-01
Series:Indonesia Private Law Review
Subjects:
Online Access:https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2044
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author Eko Yuliyanto
author_facet Eko Yuliyanto
author_sort Eko Yuliyanto
collection DOAJ
description Brand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has been canceled.The paper will focus on the analysis of judges' consideration in making the decision to cancel the registered brand (case study of decision No. 85 PK / Pdt.Sus-HKI / 2015), as well as an analysis of the execution of the decision to revoke registered brand (case study of decision No. 85 PK / Pdt.Sus -HKI / 2015). The method used is normative legal research. The results of the study showed that the legal basis by the Judges had accommodated all the substance of the juridical reason for the cancellation of the brand Cap Kaki Tiga by referring the provisions of Article 6 paragraph (3) letter b of Trademark Law (currently regulated in Article 21 Paragraph (2) letter b of the Trademark and Geographical Indications Law).Furthermore, an executorial decision regarding the cancellation of a registered brand may only be limited to procedural actions in administrative business such cancellation the brand from the general register and announcing the cancellation the brandin the official news of that brand.
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spelling doaj.art-7408729a92c04bbc85f79482e898f1d62022-12-22T03:22:53Zengfaculty of law universitas lampungIndonesia Private Law Review2723-259X2745-92842020-09-0111112210.25041/iplr.v1i1.2044789EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATIONEko Yuliyanto0Law Firm Eko Yuliyanto & PartnersBrand cancellation is implemented through the delete list of the brands, it has brought legal consequences such the expire protection by the state. However, it is still leave some problems if the brand cancellation not accompanied by concrete actions such of a ban on re-use of the brand that has been canceled.The paper will focus on the analysis of judges' consideration in making the decision to cancel the registered brand (case study of decision No. 85 PK / Pdt.Sus-HKI / 2015), as well as an analysis of the execution of the decision to revoke registered brand (case study of decision No. 85 PK / Pdt.Sus -HKI / 2015). The method used is normative legal research. The results of the study showed that the legal basis by the Judges had accommodated all the substance of the juridical reason for the cancellation of the brand Cap Kaki Tiga by referring the provisions of Article 6 paragraph (3) letter b of Trademark Law (currently regulated in Article 21 Paragraph (2) letter b of the Trademark and Geographical Indications Law).Furthermore, an executorial decision regarding the cancellation of a registered brand may only be limited to procedural actions in administrative business such cancellation the brand from the general register and announcing the cancellation the brandin the official news of that brand.https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2044executorialcancellation of registered branddecision
spellingShingle Eko Yuliyanto
EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION
Indonesia Private Law Review
executorial
cancellation of registered brand
decision
title EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION
title_full EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION
title_fullStr EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION
title_full_unstemmed EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION
title_short EXECUTORIAL DECISION OF REGISTERED BRAND CANCELLATION
title_sort executorial decision of registered brand cancellation
topic executorial
cancellation of registered brand
decision
url https://jurnal.fh.unila.ac.id/index.php/iplr/article/view/2044
work_keys_str_mv AT ekoyuliyanto executorialdecisionofregisteredbrandcancellation