PERLINDUNGAN HUKUM BAGI PEMEGANG MEREK AKIBAT PUTUSAN PK NOMOR 165 PK/PDT.SUS/2012 YANG MEREKNYA DITIRU OLEH BARANG TIDAK SEJENIS YANG MEMILIKI PERSAMAAN PADA POKOKNYA

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Andreas Harto Waluyo

Abstract

Trademark in this Globalitation era has an important role for national economy. With Trademark, we can differs the identity of one good and service with another good and service. In order to protect well-known trademark, Article 6 paragraph 1b of Law Num 15 Year 2001 About Trademarks regulate the protection for the the well-known trademark which is copied at the similarity in principal in similar good. But as time goes, appeared many law problems, like what A company exprencied with X trademark which is copied by Y company with B trademark which has similarity in principal with X trademarks in different class of goods. The problem occurred because article 6 paragraph of Law Num 15 Yaer 2001 About Trademark which need a government regulation doesn’t to be approved immediately so ensue a legal vacuum which occurred an economic loss for A company.

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