CD Skripsi
Perlindungan Hukum Pemegang Pertama Desain Industri Kotak Kemasan Yang Didaftarkan Oleh Pihak Lain
Abstract
Protection of Industrial Designs is necessary to encourage creativity and as a form of protection and appreciation of Industrial Designs for their creators. This research was conducted to find out the legal protection of the first owner of an industrial design registered by a third party and to find out a just legal remedy against the first party for an industrial design whose rights were registered by another party.
This type of research is classified as normative legal research. In normative legal research, the data source is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Collecting data on normative legal research uses data collection techniques from a literature study. The data obtained through a literature study will be analysed qualitatively. In drawing conclusions, the author uses the deductive thinking method, namely a way of thinking that draws conclusions from a general statement or argument into a specific statement.
Based on the research results, it can be understood that legal protection for owners of industrial designs in Indonesia in principle includes protection for registered designs. Industrial designs that are registered contain special characteristics and objects that are clearly visible to the eye, while the Design Right protects one aspect of the shape and configuration of the goods without the requirement of visual appearance. Meanwhile, legal remedies that can be taken by holders of industrial design rights are filing lawsuits for cancelling industrial designs, requesting an injunction with the Commercial Court to prevent the continuation of infringements and the entry of goods suspected of violating Industrial Design Rights into trade routes, including import actions, and suing lawsuits. civil and criminal cases related to violations of industrial design rights.
Keywords : Legal Protection, Industrial Design, Cancellation of Registration
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