| dc.description.abstract | The issue of the Madrid Protocol have been existed coinciding with the 7th Annual World
Intellectual Property Day, celebrated on April, 2007, in Jakarta with a seminar entitled "The
Madrid Protocol for the International Registration of Mark: The Benefits and Challenges for
Indonesia" and will be accommodated in Article 51 of Draft Revised Trademark Law will
replace Law of the Republic of Indonesia Number 15 Year 2001 regarding Marks which is still
discussed by the Government together with the Parliament, the Madrid Protocol will have a
direct impact on three components: Mark holder, Government and Intellectual Property
Consultant. However, in this research will be focused to the party most concerned is the
domestic mark holder, especially exporters.
This study aims to determine the positive and negative impacts of the Madrid Protocol to
the interests of the domestic mark holders and to answer the needs of exporter trademark holder.
The method used in this research is the deductive method underlying normative juridical
research to find a rule of law, principles of law, and the legal doctrines in order to answer the
legal issues are facing.
The results showed that the domestic mark holders will get a lot of positive impact on the
implementation of the international mark registration through the Madrid Protocol mechanisms,
especially the ease of the application process of mark registration and mark maintenance, lower
cost, and lack of legal certainty given. Although there are some negative impacts that can inhibit
of international mark registrations, especially the central attack on the state registration of the
mark in the basic application. But the interest of the trademark exporter holder will be
accommodated if Indonesia has implemented the Madrid Protocol within the national mark legal
system with the following notes: export destination country has been a member of the Madrid
Protocol and the protection system of its mark is a constitutive system as well as the mark and
the type of goods that are listed and used in export destination country must be in accordance
with the basic application or basic registration in Indonesia. | en_US |
