Analisis Putusan Hakim Terkait Persamaan Merek Terkenal Untuk Barang Tidak Sejenis dalam Perspektif Kepastian Hukum dan Keadilan (Putusan Nomor 184 K/Pdt.Sus-HKI/2013 dan Putusan Nomor 384 K/Pdt.Sus/2014)
| Main Author: | Muria, Siti Khadijah Mei |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/56698/1/Pendahuluan.pdf http://eprints.umm.ac.id/56698/2/BAB%20I.pdf http://eprints.umm.ac.id/56698/4/BAB%20III.pdf http://eprints.umm.ac.id/56698/5/BAB%20IV.pdf http://eprints.umm.ac.id/56698/6/Lampiran.pdf http://eprints.umm.ac.id/56698/37/BAB%20II.pdf http://eprints.umm.ac.id/56698/ |
Daftar Isi:
- This essay aims to find out the analysis in Judge Consideration on Decision Number 184 K/Pdt.Sus-HKI/2013 related to brand cases between Christian Dior vs Baby Dior and Decision Number 384 K/Pdt.Sus-HKI/2014 case brand between Lexus Mobil vs The Lexus Tower and whether the ruling reflects legal certainty and justice. The method used is a normative juridical approach to cases and legislation, using the literature study legal materials namely legislation, legal journals and other literature. The results of this study that the judges' consideration related to the Christian Dior vs Baby Dior case was incorrect, the Judge was inconsistent in his decision to admit that Christian Dior was a well-known brand but because different types of judges rejected a lawsuit from Christian Dior, on the judge's consideration related to the Lexus Mobil vs Lexus Tower case according to the author, it is appropriate because the Judge is consistent with his considerations and decisions recognizing the fame of the Lexus Mobil brand despite having different types. Regarding the judge's decision in the Christian Dior vs Baby Dior case, it did not reflect the existence of legal certainty and justice because the judge was inconsistent in his judgment and decision, Christian Dior had registered his trademark for the first time in Indonesia and had also built his trademark with difficulty but the judge refused the lawsuit from Chrstian Dior, in contrast to the judge's decision related to the Lexus Mobil vs Menara Lexus trademark case, reflects legal certainty and justice because the judge has been consistent in his decision, in his consideration also considers relating to the first registrant in Indonesia and also recognizes the fame of the brand from Lexus Mobil with the Lexus Tower. The conclusion of this research is that the inconsistency of the judges' decision on cases of notable trademarks of this type creates legal uncertainty and injustice, especially for entrepreneurs who have directed their thoughts and energy to produce ideas for their products. If this continues due to trademark disputes will always occur in Indonesia.