PERLINDUNGAN HUKUM TERHADAP AHLI WARIS MEREK BERDASARKAN UNDANG-UNDANG NO.15 TAHUN 2001 TENTANG MEREK (Studi Putusan No. 05/HAKI/Merek/2007/PN.Niaga Surabaya dalam Kasus Sengketa Merek �PURA DEWA�+Lukisan)
The research objective of this thesis is to determine the legal protection of the brand heirs "PURA DEWA�+Painting against the bad faith on the other heirs and to determine whether there is bad faith element in the trademark registration on the decision related to the case of the brand "...
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| Format: | Thesis |
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[Yogyakarta] : Universitas Gadjah Mada
2013
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| Summary: | The research objective of this thesis is to determine the legal
protection of the brand heirs "PURA DEWA�+Painting against the bad faith
on the other heirs and to determine whether there is bad faith element in the
trademark registration on the decision related to the case of the
brand "PURA DEWA"+Painting.
The study of law is a combination of normative-legal research
empirically. Type of legal research approach is Judicial Case Study,
the study of case law as the research object taken from a conflict is
resolved through a court ruling.
The results of the study shows that the legal protection of the brand
Heirs "PURA DEWA"+Painting has been provided by Article 68 paragraph
(1) of Law No. 15 of 2001 regarding Marks. The legal protection is also
strengthened by Article 834 Burgelijk Wetboek. Regarding whether there
is an element of bad faith or not in the registration of the trademark
in the decision related to the case, in terms of Article 4 of Law No.
15 of 2001 concerning on Marks can be concluded that the Defendants
have not a good faith in register and transfer the brands because
their action did not meet the elements of a good faith based on the
explanation of Article 4. |
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