CD Skripsi

Pemaknaan Unsur Persamaan Pada Pokoknya Berdasarkan Putusan Pengadilan (Studi Pada Sengketa Ms Glow/For Cantik Skincare+ Logo Vs Pstore Glow)

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Legal issues that had been caused by the registered trademark dispute between PSTORE GLOW with "MSGLOW / for beautiful skincare + LOGO" because there are differences in the Judge in conducting legal considerations related to the application of the element of similarity in essence and ownership of registered trademarks so that it attracts the author's attention to compare the two decisions in seeing the meaning of the element of similarity in essence based on the legal considerations of the Judge in conducting legal interpretation related to the application of the element of similarity in essence which is then set forth in the Court's decision. Therefore, the purpose of this thesis research is first, to know the meaning of the element of equality in essence in the MS GLOW / for beautiful skincare + LOGO vs PSTORE GLOW trademark dispute in Trademark law in Indonesia. Second, to know the legal considerations of the Judge in deciding the MS GLOW / For Beautiful Skincare + LOGO Vs PSTORE GLOW Trademark Dispute Related to Trademarks that have similarities in essence.
This type of research can be classified into a type of normative legal research, namely examining a number of laws and regulations relating to the regulation of elements of equality in essence which are then classified based on the chronology of the parts regulated by the regulation. What is analyzed are only articles whose contents contain legal rules, then construction is carried out by inserting certain articles into categories based on the basic notions of the legal system, or also called research on legal systematics.
The research can be concluded as follows. First, that based on the similarity in essence according to the theory of systematic interpretation of law, the MS GLOW/for beautiful skincare+ LOGO and PSTORE GLOW trademarks have similarities in essence according to the comparative elements of visual similarity, aural similarity, similarity of goods and/or services, and the distinctiveness of the use of MS. Second, in Decision Number 2/Pdt/Sus.HKI/Merek/2022/PN Niaga Mdn and Decision Number 160 K/Pdt.Sus-HKI/2023, the Panel of Judges in stating the existence of similarities in essence between trademarks has been in accordance with the interpretation of the elements of similarity in essence according to the theory of systematic interpretation of law while in Decision Number 2/Pdt. Sus.HKI/Merek/2022/PN Niaga Sby, the legal reasoning of the Panel of Judges is contrary to the provisions of Article 5C (2) of the Paris Convention so that through Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby is canceled through the legal reasoning of the Judges in the Supreme Court Decision Number 161 K/Pdt.Sus-HKI/2023.

Keywords: Intellectual Property Rights, Trademarks Rights, MS GLOW, PSTORE GLOW, Judge's Legal Consideration, Systematic Interpretation

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909110502

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909110502

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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