eprintid: 59086
rev_number: 11
eprint_status: archive
userid: 12460
dir: disk0/00/05/90/86
datestamp: 2023-06-13 07:32:25
lastmod: 2023-06-13 07:32:25
status_changed: 2023-06-13 07:32:25
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Fatikhah Zulfa Amalia, NIM.: 19103040110
title: SENGKETA DESAIN INDUSTRI BIOLIFE DAN BIOLIFE BORNEO TERHADAP ECO BOTTLE TUPPERWARE (STUDI PUTUSAN PERKARA NOMOR 11/HKI/DESAIN INDUSTRI/2016/PN-NIAGA SBY DAN PUTUSAN MAHKAMAH AGUNG NOMOR 874 K/PDT.SUS.HKI/2017)
ispublished: pub
subjects: hak_int
subjects: il_huk
divisions: il_hum
full_text_status: restricted
keywords: Desain Industri, Hak Kekayaan Intelektual, Penegakan Hukum
note: Pembimbing: Faisal Luqman Hakim, S.H., M.Hum
abstract: Indonesia as a developing country needs to advance the economy by
increasing competitiveness in the industrial sector. The role of a country is very
important to realize quality international economic and trade competition, namely
by protecting its intellectual property assets. One of the areas of Intellectual
Property Rights is Industrial Design. The legal basis regarding Industrial Design
in Indonesia is regulated in Law Number 31 of 2000 concerning Industrial
Design. Sometimes there are industrial design disputes related to the similarity of
a product that has been registered with the Directorate General of Intellectual
Property Rights. As in the case of Industrial Design violation between
Tupperware against Biolife and Biolife Borneo which was decided by the
Supreme Court with Decision Number 874 K/Pdt.Sus.HKI/2017. Tupperware,
which owns a drinking bottle product known as Eco Bottle, has filed a lawsuit for
damages and cessation of marketing production of Biolife and Biolife Borneo
drinking bottle products deemed to use Eco Bottle's proprietary configuration
design. This study aims to analyze the judge's consideration related to the element
of novelty in accordance with the provisions of Article 2 of Law Number 31 of
2000 concerning Industrial Design.
This research is a literature research (Library Research) referring to legal
materials in the form of statutory literature as a source of data. This research uses
a normative approach by examining laws and regulations related to research. In
analyzing, researchers use inductive-descriptive-qualitative methods. The theories
used in discussing the problem are the theory of legal protection, law
enforcement, and industrial design.
From this research, it was obtained that the novelty element in Biolife and
Biolife Borneo products has been fulfilled because seen with the naked eye there
are differences with Eco Bottle products. The panel of judges in Decision Number
11 / HKI / Industrial Design / 2016 / Pn-Niaga Sby and Supreme Court Decision
Number 874 K / Pdt.Sus.HKI / 2017 has correctly applied the law, based on
existing evidence Biolife and Biolife Borneo products do not use the same
configuration as Eco Bottle products. This is in accordance with the conditions for
the acceptance of industrial design in Article 2 of Law Number 31 of 2000
concerning Industrial Design.
date: 2023-03-28
date_type: published
pages: 104
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARI’AH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Fatikhah Zulfa Amalia, NIM.: 19103040110  (2023) SENGKETA DESAIN INDUSTRI BIOLIFE DAN BIOLIFE BORNEO TERHADAP ECO BOTTLE TUPPERWARE (STUDI PUTUSAN PERKARA NOMOR 11/HKI/DESAIN INDUSTRI/2016/PN-NIAGA SBY DAN PUTUSAN MAHKAMAH AGUNG NOMOR 874 K/PDT.SUS.HKI/2017).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/59086/1/19103040110_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/59086/2/19103040110_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf