ANALISIS PUTUSAN HAKIM TERHADAP SENGKETA PEMBATALAN PENDAFTARAN MEREK DALAM PUTUSAN PENGADILAN NIAGA SURABAYA NOMOR 08/HAKI/2007.PN.NIAGA SBY

Abstract

Based on Law No. 15 of 2001 concerning Brands and Law Number 20 of 2016 concerning Brands and Geographical Indications explains that the role of brands is very important, especially in maintaining good business competition. The brand can be used as a tool to explain the origin of the product, know the quality of the product, as well the authenticity of the product. The problem of Intellectual Property Rights, especially in the field of brands, is a problem that will continue to develop following the development of the world of science. This can be seen from the increasing prevalence of crime, one of which is in the current trade sector. Where in the registration of the mark is filed by the Applicant in bad faith, where the mark has similarities in essence or in its entirety with the wellknown mark belonging to the other party for goods and/or the like. This study aims to determine what the legal consequences are for Brands that have been canceled by the Directorate General of Brands and Geographical Indications and to find out how the Surabaya commercial court judges consider in deciding case No.08/HAKI/2007/PN.Niaga Sby. The research method used in this study is a normative legal research method where the source of the data used is obtained based on primary legal materials, namely Court Decision No.08 / HAKI / 2007 / PN.Niaga Sby and secondary legal materials such as books, journals, and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals.

Keywords: IPR, Cancellation, Registration, Brand