ANALISIS YURIDIS TENTANG PERLINDUNGAN HUKUM HAK MEREK DALAM PUTUSAN MAHKAMAH AGUNG NOMOR. 595 K / PDT.SUS / 2011
Abstract
Brand is essentially very important and has high economic value for it shows
the identity of a good and also related to the right and the reputation of the brand
itself. However there are still some people that have bad faith to rob the brand of
others that already well known in the public. Some people already had a brand for
a good, but then that brand is registered by others so the brand of the certain good
is identical. We can find a lot of unfair competitions nowadays and the rules that
are used by the judges to adjudicate the dispute are so lack of protection toward
the owner of the brand. Based on all those facts, so we really need the protection
from the law to the owner of the brand so that the brand can be protected from the
loss caused by those unfair competitions.
This final paper is aim to know whether the conclusion and decision of The
Supreme Court in adjudicating the dispute among brand already gave the proper
protection to the owner of the brand or not. The method of the research tin this
final paper is normative juridical that look for the way to solve the problems using
the literatures and law that is interpreted as norm or dogma.
The result of the research shows that the judges had not comprehensively
considered the fact of the law in the decisions made. There are a lot of rules in the
Act Number 15 year 2001 about Brand, have not applied well so it cannot give the
total protection to the right of the brand like it had to be.