TINJAUAN YURIDIS NORMATIF TERHADAP PUTUSAN MAHKAMAH AGUNG ANTARA VANS ORIGINAL (VANS INC) DAN VANS TIRUAN (KIM SUM SOO) (PUTUSAN NOMOR: 823K/PDT.SUS-HKI/2016)

Dyah Ismiyatun Anggarawati, NIM.: 15380094 (2019) TINJAUAN YURIDIS NORMATIF TERHADAP PUTUSAN MAHKAMAH AGUNG ANTARA VANS ORIGINAL (VANS INC) DAN VANS TIRUAN (KIM SUM SOO) (PUTUSAN NOMOR: 823K/PDT.SUS-HKI/2016). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Brands are an important element in trade. Brands can be obtained through brand registration. The purpose of brand registration is to be able to distinguish between one brand and another. The number of brand registrations in the period 2018 is 61.279 which is divided into 46.179 for trademarks and for 15.100 service brands. When a brand violation occurs where the brand is registered with another person's brand or another person's famous brand, then the mark must be canceled. The rise of brand violations occurs because of the desire to get a lot of profit by copying other brands that are the same in principle or in its entirety to gain popularity and gain a lot of profits. Based on the rampant cases of brand violations entering the court one of them is in the Central Jakarta Commercial Court jo Supreme Court, Central Jakarta. One case of brand violation is a violation of the shoe brand between VANS INC. with KIM SUM SOO. The author is interested in examining the judges' consideration in deciding the violation case in which Kim Sum Soo has committed a brand violation to Vans Inc. as much as 2 times, it is very interesting to examine the basis and consideration of judges in deciding cases of Brand Violations and judicial and Normative reviews The type of research used is library (Library Research). The data analysis method used in this study is qualitative. The compiler uses the nature of descriptive-analytical research, namely the analysis of the data used is a qualitative approach to primary data and secondary data, then analyzed using a juridical and normative approach to draw conclusions Based on the results of this study there are brand violations by imitating the brand. The compiler can conclude that, the basis and consideration of judges in deciding Brand Violations is Law Number 15 Year 2001 Article 6 paragraph (1) letters (a) and (b) regulating the prohibition on using artificial brands because they are the same as taking other people's property. The brand owner can file a lawsuit against another party who uses the brand without the right that has similarities in principle and the whole on similar goods, the claim can be a request for compensation or termination of use of the brand. Based on Islamic law it is also not permissible about imitation of brand rights because it is like taking ownership of another person. So the basis and consideration of judges in deciding cases of brand violations is in accordance with the juridical and normative basis with emphasis on the principle of brand ownership rights.

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