Perlindungan Hak Merek Atas Logo Usaha Pertamina Yang Digunakan Oleh Pertamini Sebagai Logo Usahanya Di Kota Duri

Putri Azmi, Ade (2022) Perlindungan Hak Merek Atas Logo Usaha Pertamina Yang Digunakan Oleh Pertamini Sebagai Logo Usahanya Di Kota Duri. Masters thesis, Universitas Islam Riau.

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Abstract

In the activity of trading in goods or services, a brand is a form of intellectual work that is important for the smoothness and improvement of trade in goods or services. A brand of goods or services that can be accepted by the wider community requires a long journey. Companies must strive so that the brands they use can be accepted by the public, not a few of the business actors who seek profit by utilizing well-known brands. This research was carried out with the main problems, namely: 1) What is the impact of the use of the Pertamina logo used by business actors without permission from the brand rights holder? 2) What are the efforts made by PT. Pertamina in overcoming the use of the logo used by Pertamina? This research was conducted using an empirical legal research method (observational Research), which is a field research where researchers directly review the research location with the aim of describing how the legal facts related to the practice of trading fuel oil (BBM) using the Pertamini Logo brand with the aim of knowing to what extent Pertamina's legal protection for the use of the Pertamina logo which is used by business actors without a permit and the efforts made by Pertamina to overcome the use of the logo by Pertamina's BBM business actors. The results of this study explain that the impact of using the Pertamina logo by Pertamina's business actors can cause big losses for Pertamina's business as a BUMN business operator, and also for consumers (the public). The losses incurred in the form of Pertamini kiosk safety standards do not meet SNI (Indonesian National Standards) and fuel sales quality standards are not guaranteed. Based on the provisions stipulated in the Law on Marks and Geographical Indications, it is expressly stated that the criminal sanctions that can be imposed on business actors selling Pertamini Fuel Oil related to the use of the logo belonging to PT Pertamina which have the same basic principle are that the Pertamini business actors may be subject to a maximum imprisonment of 5 (five) years and/or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah) and must also stop all actions related to the use of the Logo belonging to PT Pertamina.

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