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PEMBATALAN GUGATAN PENGHAPUSAN MEREK TIKTOK KELAS 25 (ANALISIS PUTUSAN NOMOR 79/PDT.SUS-HKI/MEREK/2024/PN NIAGA JKT.PST)
Trademark rights provide legal protection for the works of human thought. One Trademark rights provide legal protection for the works of human thought. One of the indicators stated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications states that well-known trademarks receive protection if they are registered with the Directorate General of Intellectual Property. In decision number 79/Pdt.sus-Hki/Merek/2024/Pn Jkt.Pst, Tiktok Ltd as the plaintiff sued under Article 74 of the MIG Law concerning the revocation of trademarks that have not been used for 5 consecutive years. However, the lawsuit against TikTok owned by Fenfiana Saputra was rejected by the panel of judges because the defendant was able to prove that the trademark it owned was still being used in commerce. This study aims to analyze whether the panel of judges was appropriate in considering its decision to provide legal certainty and justice for trademark owners registered in Indonesia. This study uses a normative legal approach (statute approach). The data analysis method used is descriptive analysis. In the data collection method, the author uses literature study, case review, and secondary data through interviews. The results of the study show that the panel of judges has been appropriate in its considerations through the principles of abandonment, inferred from circumstances, cessation, and bonafide. In its ruling, the author concluded that the panel of judges was positivistic because it did not explore the norms contained in trademark law.. In addition, the author also concluded that the Directorate General of Intellectual Property needs to prioritize the principle of accuracy in carrying out its duties, because even trademarks that are well-known in Indonesia and even throughout the world are still subject to the possibility of passing off or free riding on well-known trademarks, which is certainly to the advantage of the perpetrators of such trademark free riding.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040204 Moh Fadhlan Tsabitul Azmi
PEMBATALAN GUGATAN PENGHAPUSAN MEREK TIKTOK KELAS 25 (ANALISIS PUTUSAN NOMOR 79/PDT.SUS-HKI/MEREK/2024/PN NIAGA JKT.PST) (Text)
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