%0 Thesis
%9 Skripsi
%A Hajar Zidni Hidayah, NIM.: 19103040034
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2023
%F digilib:61691
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Perlindungan Hukum, Merek Terkenal, Pertimbangan Hakim
%P 190
%T PERLINDUNGAN HUKUM ATAS MEREK SAPPUN MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS (STUDI PUTUSAN NOMOR 69/Pdt.SUS-Merek/2020/PN.Niaga.Jkt.Pst. DAN PUTUSAN MAHMAKAH AGUNG NOMOR 1857 K/Pdt.Sus-HKI/2022)
%U https://digilib.uin-suka.ac.id/id/eprint/61691/
%X Marks are part of Intellectual Property Rights, where their existence is  protected by the state, even famous brands are no exception. Because, the fame of  a brand, does not necessarily make it free from various trademark violations.  Legal protection for well-known marks is given to guarantee legal protection and  certainty for owners of well-known marks, even though they have not been  registered in Indonesia. As an example is the Sappun trademark dispute between  F&S Retail Co., Ltd and Chen, Zhen-Rui. In this dispute, F&S Retail Co., Ltd, as  the owner of the Sappun brand, filed a trademark cancellation lawsuit against  Chen's "SAPPUN" brand, Zhen-Rui. The objection was filed because F&S Retail  Co., Ltd considered that the registration of the “SAPPUN” brand owned by Chen,  Zhen-Rui, was based on bad faith. For this reason, in this thesis, researchers want  to discuss the legal protection of the Sappun mark according to Law Number 20  of 2016 concerning Trademarks and Geographical Indications with the study of  the Decision Study Decision Number 69/Pdt.SUS-Merek/2020/PN.Niaga.Jkt .Pst.  and Supreme Court Decision Number 1857 K/Pdt.Sus-HKI/2022.  The type of research used in this thesis is library research with a juridicalnormatife  approach which is carried out using a statute approach. And data  analysis is done by qualitative analysis.  From this study, the results obtained were that legal protection for the  Sapppun mark was given as stipulated in Law Number 20 of 2016, so that the  trademark registration carried out by Chen, Zhen-Rui, could be stated to be based  on bad faith, namely by copying or imitating, following , inspired by and  piggybacking on F&S Retail Co., Ltd's popular Sappun brand. Thus, even though  the Sapppun mark as a well-known foreign mark has not been registered as a  mark in the jurisdiction of Indonesia, it still enjoys legal protection as stipulated  in Article 21 paragraph (1). And based on the judge's considerations, in relation  to the decision to cancel the trademark registration, Chen, Zhen-Rui as the losing  party, has lost his exclusive rights to the "SAPPUN" brand, as a result of the  abolition of the trademark protection for the "SAPPUN" brand. With this, he is  prohibited from using the "SAPPUN" brand in all his trading activities and is  strictly prohibited from giving permission to other parties to use the "SAPPUN"  brand in various trading activities.
%Z Pembimbing: Faisal Luqman Hakim, S.H., M.Hum.