Rekonstruksi Perlindungan Hukum Atas Merek Terdaftar Berdasarkan Nilai Keadilan

Limbong, Ferry Susanto (2019) Rekonstruksi Perlindungan Hukum Atas Merek Terdaftar Berdasarkan Nilai Keadilan. Doctoral thesis, Universitas Islam Sultan Agung.

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Abstract

The rule of law must guarantee the basic rights of its citizens including providing certainty and justice for registered brands that are exclusive to their owners as individual rights stated in Article 28 D paragraph (1) and Article 28 H paragraph (4) of the 1945 Constitution. Developing countries in Indonesia cannot be equated with developed countries regarding the legal protection against registered brands. TRIPs opens the widest opportunity by giving legislative choice to developing countries (developing countries) to make brand rules in accordance with the needs of their countries. UU no. 20 of 2016 concerning Trademarks and Geographical Indications governing the period of protection and extension of registered brands. Regarding the period of protection and extension of registered brands, it is very interesting to study specifically whether the period of protection and extension of registered brands has given a position of certainty and justice with a one-time extension without considering the economic aspects, certainty, justice, so that it needs to be examined. The theory used to analyze as a grand theory of justice theory, the theory of legal certainty as a middle theory, progressive theory as applied theory. This type of research is qualitative research, using a social legal research approach, using primary data and secondary data. Primary data is data obtained in the field. Secondary data includes (1) primary legal materials, (2) secondary legal materials, and (3) tertiary legal materials. Primary data collection techniques are carried out by observation and in-depth interviews with key informants determined by researchers based on research characteristics. Data analysis techniques for primary data type Strauss and J. Corbin. Data tabulation techniques by triangulation. Based on the results of this dissertation research, it can be concluded that the legal protection of registered brands according to the positive law currently contained in Law No. 20 of 2016 concerning Trademarks and Geographical Indications, the Indonesian Ministry of Human Rights Regulation No. 67 of 2016 concerning Trademark Registration, Paris Convention, TRIP's. The implementation of registered brand protection based on positive law has not been based on the value of justice because the brands that have been protected for 20 (twenty) years will not be able to maintain their brand rights in the event of abuse due to expiration of legal protection. Reconstruction of legal protection for registered brands based on the value of justice needs to be done because it is related to human rights Article 28 D paragraph (1) and Article 28 H paragraph (4) of the 1945 Constitution. Reconstruction Article 35 paragraph (2) Law No. 20 of 2016 provides special legal protection of brands that meet the requirements and verification as a domestic famous brand which is required to be given a special extension with legal and economic considerations. Keywords: Legal Protection, Registered Brands, Value Based Justice.

Item Type:	Thesis (Doctoral)
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum Pascasarjana > Program Doktor Ilmu Hukum
Depositing User:	Pustakawan 3 UNISSULA
Date Deposited:	28 Jan 2020 06:27
Last Modified:	28 Jan 2020 06:27
URI:	http://repository.unissula.ac.id/id/eprint/15722

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