Utama, Rizky Riswandha Satria (2024) Perlindungan Hukum Bagi Pemegang Merek Goto Akibat Persamaan Merek Dengan Goto (Gojek Tokopedia). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Brands play an important role in the business world. The brand owner is the only party that is absolutely attached to the rights to the mark. Other parties are then prohibited from registering brands that are similar in principle, which can injure the other party's trademark rights. However, in Decision Number 71/Pdt.Sus-HKI/Merek/2021/PN Niaga Jkt.Pst. actually shows the existence of a trademark dispute, which in this case has clearly damaged the rights to the trademark attached to the first time the trademark registrant. The purpose of this research is to examine the protection of repressive laws based onconstitutional rightregarding the occurrence of trademark disputes as well as reviewing the embodiment of legal certainty in the case. The type of research used is normative juridical. The approach used is an approach to legislation (statute approach), conceptual approach (conceptual approach), and the case approach (the case approach). The results of the study found that the non-acceptance of lawsuits by the brand holders who had clearly been harmed, with the process of dispute resolution efforts taking 6 (six) months indicates that repressive legal protection has not materialized properly. This shows that legal certainty has not been realized, because there are legal provisions that are not implemented properly and there are rights that have been violated but law enforcement is not implemented properly.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law | ||||||||
| Depositing User: | Mr. RIZKY RISWANDHA SATRIA UTAMA | ||||||||
| Date Deposited: | 11 Jan 2024 07:29 | ||||||||
| Last Modified: | 11 Jan 2024 07:29 | ||||||||
| URI: | http://repository.upnjatim.ac.id/id/eprint/19644 |
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