CD Tesis

Penerapan Asas Itikad Baik Dalam Permohonan Pendaftaran Merek Di Indonesia

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Brands are very important in the business world, because people feel more
comfortable using a brand of goods or services that already have a reputation
compared to using a brand of goods that do not yet have a reputation, this is
because people as consumers think that a quality brand, safe and quality for
consumption due to the reputation of the brand. brands that already have a
reputation have a higher level of interest in the market. This tends to spur other
producers to compete with these brands. This dishonest competition is carried out
by entrepreneurs who have no good intentions by producing goods using a brand
that is widely known in the community which is not their right. Good faith in
general is an act that is not only selfish but also considers the interests of others,
which is characterized by actions without guile, without trickery, without
disturbing other parties and without intrigue. Good faith in law is divided into 2
principles, namely subjective good faith and objective good faith can be
interpreted, namely someone (who is the subject) must be honest in carrying out a
legal action, in other words a person's inner attitude must show good intentions in
the form of honesty. Meanwhile, good faith in an objective sense, namely the
implementation of an agreement (which becomes the object) must be based on the
norms of appropriateness and norms that apply in society. The purpose of writing
this thesis, namely; first, the concept of the strength of the element of good faith in
trademark registration, second, the impact of the consequences of trademark
registration that is not in good faith; third, the legal position of the revocation of
the right to a mark by the Director General of IPR after the verdict
This type of research can be classified into the type of normative research,
because in this study it is based on secondary data, while judging from its nature,
this research is classified into descriptive research which means describing or
describing in detail the subject matter under study.
From the research results, there are three points that can be
concluded;first, the concept of good faith in law is not specifically regulated.In
Law No.20 of 2016, the registration of a trademark can be seen from throughout
the process of trademark registration, an applicant with good faith is an applicant
who registers his mark properly and honestly without any intention to piggyback
on the fame of someone else's registered mark, imitating an existing mark, or
plagiarizing.the whole brand of another party for the sake of its business which
results in losses to the other party (consumers) or creates conditions for
fraudulent competition, deceives and results in misleading consumers.The two
impacts obtained from cases of bad faith are material and immaterial losses by
trademark rights holders.
Keywords: Good faith- Registration - Trademark Rights.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0006)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

xi, 72 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0006)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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