ANALISIS YURIDIS TENTANG KEPEMILIKAN HAK MEREK DALAM PUTUSAN MAHKAMAH AGUNG No : 020 K/N/HaKI/2006

Abstract

Protection of Trademark Rights in Indonesia arise automatically after the registration of the mark. Brand plays an important role in the marketing of goods or services. Brand is something that is bought by consumers. Closely related to the perception of the brand, giving rise to competition between companies, especially in the well-known brand. Issues raised regarding the ownership of trademark rights of the Plaintiff YONG MA MAGIC COM CO., LTD with Defendant PT. YONG MA Indonesia in Supreme Court Decision Number: 020 K/N/HaKI/2006. The method used in this research is normative juridical and legally doctrinal. The approach used is Statute Approach or Conceptual Approach. These results indicate that in the case of Brand YONG MA rightful owner is MAGIC COM CO., LTD, and that based on the decision of the Commercial Court in Central Jakarta District Court decided on the basis of Article 69 paragraph (1) the Law of Republic of Indonesia Number 15 Year 2001 while the Supreme Court Decision Number. : 020 K/N/HaKI/2006 decided based on the element of bad faith in Article 69 paragraph (1) the Law of Republic of Indonesia Number 15 Year 200.