| Issue |
SHS Web Conf.
Volume 54, 2018
The 1st International Conference on Law, Governance and Social Justice (ICoL GaS 2018)
|
|
|---|---|---|
| Article Number | 06014 | |
| Number of page(s) | 8 | |
| Section | Business, Comercial and Corporate Law | |
| DOI | https://doi.org/10.1051/shsconf/20185406014 | |
| Published online | 14 November 2018 | |
Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia
Faculty of Law, Janabadra University, Yogyakarta, Indonesia
* Corresponding author: rmurjiya@yahoo.com
Since the enactment of Law Number 19 of 1992 on Trademarks that had been amended last with the enactment of Law Number 20 of 2016 on Trademarks, it applies the Constitutive System (First to File) which is a change from the old system of the Declarative System (First to Use). Therefore, the legal protection is determined by a registration. However, there are still many lawsuit cases of trademark cancellation. Based on the Constitutive System, the right is granted to the first registrant. Some cases are based on a lawsuit from a party who feels as the owner of the trademark, but registered by another party. The research study, titled Legal Protection of the Registered Trademark Owner in the Constitutive System (First to File) in Indonesia, based on the problem: the first problem is how is the form of legal protection of registered trademark owner in the Constitutive System in Indonesia? The second problem is why with the Constitutive System are there still many trademarks that have not been registered? The research method used normative research method, by reviewing the documents, court decisions and applicable legislation.
© The Authors, published by EDP Sciences, 2018
This is an open access article distributed under the terms of the Creative Commons Attribution License 4.0 (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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