%A NIM.: 21103040076 Huda Haqi Bastian
%O Faisal Luqman Hakim S.H., M.Hum.
%T PERSAMAAN PADA POKOKNYA SENGKETA HAK MEREK KELAS JASA RESTORAN TORIKARA DAN KINNOTORIKARA BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS
%X Competition in the economic world is common in this era of globalization
where the trade industry uses brands as a differentiating force. However, it is not
uncommon for cases of unfair competition to arise in the use of trademarks.
Therefore, there is a substantive examination on the application for trademark
registration in order to filter out unfair competition. The bodies in charge of
handling trademark registration applications are the Directorate of Trademarks
and Geographical Indications, and in the appeal level there is a Trademark Appeal
Commission. In Decision No. 106/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst. there is a
case of refusal by the Trademark Appeal Commission against the Torikara
trademark which is considered to have similarities in essence with the
Kinnotorikara trademark which is a relative reason for a trademark cannot be
accepted for registration. Through his consideration, the judge stated that the
plaintiff's lawsuit was obscure (obscuur libel) and declared the lawsuit
unacceptable.
The type of research used by the author is juridical-normative. To analyze
the author uses the method of literature study (library research). The approach in
this research uses a case approach and statutory approach. In writing this thesis,
the theories used are law enforcement and judge's consideration. Law enforcement
is the realization of ideas such as justice and in this study it is used to see how law
enforcement is carried out by judges through their considerations in disputes in
Decision Number 106/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst.
The results of research conducted by the author found the conclusion that 1)
there is no similarity in essence between the two brands 2) The judge's decision
does not fulfill the principle that the judge is obliged to adjudicate the entire petitum
of the lawsuit because it only decides to adjudicate one petitum of the lawsuit and
does not consider other petitums of the lawsuit 3) The judge should not only focus
on adjudicating one petitum of the lawsuit and ignore other petitums of the lawsuit,
so that if there is one petitum of the lawsuit that is declared unacceptable while
others can be considered and tried, the judge should decide by declaring rejecting
one petitum of the lawsuit and granting the lawsuit in part.
%K Hak Kekayaan Intelektual, Hak Merek, Penegakan Hukum
%D 2025
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib71873