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)

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.

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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.

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