Okviani, Anita (2024) Perlindungan Hukum Terhadap Hak Merek yang Memiliki Persamaan pada Pokoknya Menurut Undang-undang Nomor 20 Tahun 2016 Tentang Merek dan Indikasi Geografis. Other thesis, Universitas Islam Riau.

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Abstract

Given that the brand is an important part of an item or even very attached to the goods for economic activities or in the business world, for that the resolution of disputes that occur in the brand field requires a special judicial body, so the Commercial Court is expected to resolve trademark disputes in a relatively fast time. In line with that, special procedural law must also be regulated to resolve brand dispute issues, It also seems that in other areas of intellectual property rights, the resolution of trademark dispute issues through special courts is also known in various other countries. In this Trademark and Geographical Indication Law, the trademark owner is given other legal protection measures. Based on the background mentioned above, the formulation of the problem in this study is: what is the form of legal protection for brand owners who have not been registered according to Law No. 20 of 2016 concerning Marks and Geographical Indications and what are the legal consequences of legal protection for brand owners who have not been registered according to Law No. 20 of 2016 concerning Marks and Geographical Indications. In this study, the method used is the normative juridical method. The normative legal research method is often called doctrinaire legal research because it is only aimed at existing regulations. Normative juridical research or commonly referred to as legal research is a process to find legal rules, legal principles, and legal doctrines to answer the legal issues faced. This research uses a statutory approach and Conceptual approach. The legal protection provided by the DJKI to prevent trademark infringement in Indonesia is provided through Law No 20 of 2016 concerning Trademarks and Geographical Indications, and the legal consequences for trademark owners who have similarities, namely registered trademark owners, can file a lawsuit against other parties who without the right to use a trademark that has similarities in principle or in whole for similar goods or services in the form of a lawsuit for damages and/or termination of all acts related to the use of the trademark.

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