PERLINDUNGAN HUKUM HAK ATAS DESAIN INDUSTRI DAN HAK ATAS MEREK PADA PELEK MOBIL BERBAHAN ALUMINIUM YANG BEREDAR DI INDONESIA

Abstract

Alloy wheels’s design is protected under Industrial Design Law No. 31/2000 and its trade mark is also protected under Trade Mark Law No. 15/2001. Wheel’s design is unique and its creation need efforts that has economic value thus the design right need to be protected by law. The trade-mark of wheel itself has important position as the first indicator of quality of the wheels. Counterfeit or imitation trade-mark of Alloy wheel product often has safety and quality standard that far below the original pro duct, so when they installed on the car, it may jeopardizes the customers who use those wheels. Therefore the protection of trade-mark is very important because wheel will be installed on the car that run on very high speed. This thesis discusses the na ture of industrial design, its elements according to Industrial Design Law No. 31/2000 and analysis of the protection of alloy wheel according that law. This thesis also discusses the nature of trade-mark, the principles of trade-mark protection under Trade-mark Law No. 15/2001 and analysis of trade-mark protection of alloy wheels under Trade-mark Law No. 15/2001.