CD Skripsi
Penyelesaian Sengketa Pelanggaran Merek Usaha Sate Kms Di Kota Padang Sumatera Barat Berdasarkan Undang-Undang Nomor 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis
ABSTRACT
Trademark is a mark used on goods that are traded by a person or several
people together or a legal entity to distinguish them from other similar goods.
Registration of a business mark is one of the obligations that must be
carried out by business actors in accordance with Law Number 20 of 20016
concerning Marks and Geographical Indications.
This study aims to determine the dispute resolution of the Sate KMS
business brand infringement in the city of Padang, West Sumatra and to find out
the obstacles in resolving the dispute over the Sate KMS business brand
infringement. The type of research used by the author is sociological research. In
this sociological legal research, the authors obtain data through interviews with
business actors and related agencies and pay attention to the supporting
literature.
Based on the results of the research, the following results were obtained:
(1) That the implementation of dispute resolution can be carried out through nonlitigation
channels, namely outside the courts and litigation channels, namely
through the courts, the application of Article 100 of Law no. 20 of 2016 has not
been effective, the efforts made to suppress brand infringement still occur. (2)
The factors that hinder the implementation of Article 100 of Law no. 20 of 2016
namely the lack of knowledge, insight, information from the merchants, weak
legal awareness of the parties both from traders and consumers, and the lack of
supervision from related parties both from the Trade Office or from the brand
owner are obstacles in the process of implementing legal protection. From the
results of the study, it is hoped that in the future there will be processes to
optimize legal protection efforts by increasing legal awareness to traders and
consumers of brands not to trade and buy goods from counterfeit brands.
Keywords: dispute resolution – infringement – brand
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