Analisis Yuridis Perbuatan Melawan Hukum terhadap Hak Eksklusif Merek Terdaftar (Studi Putusan Nomor: 03/Pdt.Sus.HKI/Merek/2019/PN Niaga Medan)

Abstract

The registered trademark owner has the right to prohibit others from using the trademark without permission. This is often ignored by brand users, which of course gives losses to registered brand owners. Therefore, trademark registration is an attempt to obtain state protection. The problems of this thesis are how to protect the legal protection of the exclusive rights of registered trademarks in Indonesia, how to transfer the exclusive rights of registered trademarks based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications, how the judge's consideration in giving a decision on the exclusive rights of registered trademarks based on Decision Number: 03/Pdt.Sus.HKI/Brand/2019/PN Niaga Medan. The type of research in this thesis is normative juridical and descriptive with a normative legal approach method. The data source used is secondary data with data collection techniques through library research and field research, namely by conducting interviews with Commercial Judges at the Medan District Court. Data analysis was carried out qualitatively. Based on the results of the research, legal protection of exclusive rights of registered trademarks in Indonesia is carried out preventively where the trademark owner must register his trademark, and also repressively in the form of final protection with sanctions such as fines, imprisonment, and additional penalties that are carried out if a dispute has occurred or a violation has been committed. In Article 41 paragraph (1) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the transfer of rights to a registered trademark can be transferred due to the existence of inheritance, will, waqf, grant, agreement, or other reasons justified by the provisions of the law. The legal owner of the KANDUI RESORT brand is Raihana as the legal and sole owner, as well as the first registrant and the party who has the exclusive right to use the Kandui brand, and ordered the defendant to stop using the name "KANDUI RESORT"