CD Skripsi
Perlindungan Hukum Terhadap Hak Atas Merek Pada Perusahaan Startup Digital Yang Tidak Mendaftarkan Merek Dagang Di Bandung
ABSTRACT
Registering a trademark is a significant thing for entrepreneurs nowdays. Trademarks,is including the name and logo of the company itself, the name and symbols of their products, and the company’s tagline. As we know, there are so many startup companies which haven’t registered their right. In fact, the existence of HKI certificate is considered important to protect their business from piracy, imitation or another problems and when the investors interested to take a part of cooperation. HKI in general or trademark specific way, is the foundation of a digital startup company. The regulations came from Law Number 20 of 2016 on Trademarks and Geographical Indications. Even though there’s a ;ot of phenomena show an enormous potential of creative economy, but in fact thre’s also a lot of startup companies who haven’t considered KI as an important thing, which turns out to be another problem.
The purposes of this thesis are; 1) the law protection of unregristered trademarks which came from the startup companies in Bandung. 2) the obstacles of right from the unregistered trademarks from startup companies in Bandung. 3) the solution from Bekraf. this research is using sociological judicial type, which is a research who emphasize the legal aspects of the subject, which mean to be discussed and related to the reality.
From the results of research and discussion, there are three main things that can be concluded, 1) the law protection of the right from the unregistered trademarks which came from the startup companies can be done based on the provision of article 21 paragraphs 1 letter a and b, which contains the refusal of application for registration, and strengthened by article 76, which is the claim of cancelling on the mark. 2) the obstacles that faced by the startup companies about the registration of the trademark were came from the lack of knowledge and understanding about the importance of KI protection. Also, the lack of knowledge from the parties and bad time management. 3) the solution from Bekraf to increase the digital startup companies’s awareness about trademarks registration,by holding some programs such as facilitation of HKI registration, HKI protection seminars for ecraf products and HKI socialization etc.
Keywords: Trademark, Startup Digital, Trademark Registration
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