Konstruksi Yuridis Prinsip Fault Liability pada Pengakhiran Lisensi Merek Sepihak

Fitriana, Diana Zain Wulan (2026) Konstruksi Yuridis Prinsip Fault Liability pada Pengakhiran Lisensi Merek Sepihak. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

The lack of clarity regarding regulations on unilateral termination of trademark licenses has opened the door to various interpretations in court. This study is a normative legal research employing a conceptual and statutory approach to address the ambiguity and lack of clarity in regulations regarding trademark licenses, particularly the unilateral termination of trademark licenses, under Law No. 15/2001 until its repeal by Law No. 20/2016, regarding absolute authority. This study specifically examines the unilateral termination of trademark licenses through the legal construction of the principle of fault liability and the resulting liability that can be claimed, with the aim of determining how the principle of fault liability applies in the unilateral termination of trademark licenses and the resulting liability or consequences. The research findings indicate that the unilateral termination of a trademark license constitutes an unlawful act through the fulfillment of the elements of fault (bad faith) and damage, as well as the relationship between them based on the principle of fault liability, with potential liability for damages or restitution to the original state, and other legal consequences, thereby enabling the aggrieved party to receive compensation. The disregard for existing rights or bad faith in the termination is contrary to Article 1338 of the Civil Code, which refers to liability, which is based on Article 1365 of the Civil Code, as affirmed in Supreme Court Jurisprudence No. 4/Yur/Pdt/2018, contained in Supreme Court Decision No. 1051 K/Pdt/2014. Keywords: Fault Liability Principle; Tort; Trademark License; Unilateral Termination; Unlawful Acts

Item Type:

Thesis (Undergraduate)

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