INVENTION: Journal of Intellectual Property Law

Legal Protection For Trademark Holders For Similarities In Essence Based On Law Number 20 Of 2016 In The Decision Of The Supreme Court No. 796 K/Pdt. 796 K/Pdt.Sus-Hki/2023

Farisa Awanis Prasaja, Agus Mardianto, Ulil Afwa — Thu, 18 Jul 2024 13:39:03 +0000

This research discusses the Legal Protection for Trademark Rights Holders for Similarities in Principal Based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications in Supreme Court Decision No. 796 K/Pdt.Sus-Hki/2023 with Linda Anggraeningsih and Muhammad Shakeel as the Plaintiff and Defendant Parties and the legal consequences of the decision for the parties. The purpose of this research is to analyze whether the parties have received legal protection as trademark rights holders and also the legal consequences arising from the Supreme Court's decision. This research uses a normative juridical research approach method that relies on secondary data obtained through literature studies with qualitative normative methods. The results of research and discussion in this study can be concluded that Linda Anggraeningsih has not received legal protection for her Trademark Rights because the lawsuit she won in the Commercial Court was canceled by the Cassation Decision. Supreme Court Decision Number 796 K/Pdt.Sus-HKI/2023 canceled Decision Number 3/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst which results in Umamascarves Trademark is still entitled to produce and market its products because it remains validly registered in PDKI so that it gets legal protection for its trademark.

Sales Of Disney+ Hotstar Premium Accounts Based On Sharing Accounts With No Rights Through The Shopee Marketplace

Asri Sarif, Riska Ayu Putri — Thu, 18 Jul 2024 13:43:29 +0000

there were many business actors without the right to sell Disney+ Hotstar premium account services using a sharing account system. One of them is carried out by the online shop "CloverStoree.id" through the Shopee marketplace. This research was conducted with the aim of finding out the legal consequences of selling Disney+ Hotstar premium accounts based on sharing accounts without rights through the Shopee marketplace, using normative research methods carried out by examining library or secondary research resources. The results of this research show that the unauthorized sale of Disney+ Hotstar premium accounts through the Shopee marketplace is an unlawfull act and is included in the crime of fraud, so that parties who experience losses, without being preceded by a warning letter, can demand compensation at that time

Analysis of Legal Protection of Trademark Rights Analysis in The Supreme Court Decision Number 1349 K/Pdt.Sus-Hki/2022

Danindra Lazuardi Satriatama, Ulil Afwa — Thu, 18 Jul 2024 13:45:52 +0000

This study aims to analyze the legal protection of Trademark rights under Law Number 20 of 2016 on Trademarks and Geographical Indications within the context of Supreme Court Decision Number 1349 K/Pdt.Sus-HKI/2022. This research employs a normative juridical research methodology with a case approach and analytical descriptive research specifications. Secondary data sources encompass primary, secondary, and tertiary legal materials. Data collection for this research utilizes library research methods, subsequently presented in the form of narrative texts, employing qualitative normative methods as a data analysis approach. Based on the discussions, it can be concluded that the Plaintiff, as the owner of the ERG Trademark, received limited legal protection for their Trademark rights in Supreme Court Decision Number 1349 K/Pdt.Sus-HKI/2022, which does not align with the provisions of Law Number 20 of 2016 on Trademarks and Geographical Indications

Legal Review of Copyright Infringement of Digital Content Creators In Indonesia

Lesza Leonardo Lombok, Arthur Tuwaidan, Veronika Takasana — Thu, 18 Jul 2024 13:54:17 +0000

The rise in cases of copyright infringement in this digital world era can cause losses for creators. This research aims to find out how legal protection is for copyright infringement of digital content creators' works in Indonesia. The type of research used is legal research using methods that are in accordance with the scientific characteristics of legal science, namely normative legal research. This research will use a statutory approach by conducting an in-depth study of various statutory regulations related to the formulation of problems in statutory regulations. The results of this research show that any violation of copyright of a digital work created by a Content Creator can be subject to criminal or civil sanctions.

EKSEKUSI JAMINAN FIDUSIA: ANALISIS KONFLIK NORMA DALAM UU NOMOR 42 TAHUN 1999 DAN PUTUSAN MAHKAMAH KONSTITUSI NO. 18/PUU-XVII/2019

Putu Eka Trisna Dewi — Thu, 18 Jul 2024 14:19:15 +0000

Law No. 42 of 1999 on Fiduciary Guarantees (UUJF) establishes fiduciary as one of the methods of collateral in debt transactions guaranteed by law to facilitate its execution. This ease is known as "parate executie," which allows creditors to sell or auction the fiduciary collateral if the debtor defaults. However, the process of executing fiduciary guarantees has undergone significant changes since the issuance of the Constitutional Court Decision No. 18/PUU-XVII/2019. This normative juridical research found a conflict of norms in the concept of fiduciary guarantees as a result of the decision. According to the UUJF, execution can be carried out voluntarily by the debtor in the event of a default. In contrast, the Constitutional Court Decision requires that the mechanism and legal procedures for executing the Fiduciary Guarantee Certificate must be conducted and enforced in the same manner as the execution of court decisions that have permanent legal force. This study examines the legal impact of the decision on the execution of fiduciary guarantees, as well as its implications for creditors and debtors in the execution of debt agreements in Indonesia.