CRITERIA FOR INFRINGEMENT OF RIGHTS TO FAMOUS MARKS
IN RELATION TO UNFAIR BUSINESS COMPETITION
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
Introduction
In this era of globalization, technological progress is increasingly rapid and has an
important impact in the world of national trade and one of them is about the trademark which
is part of the economic activities or the business world whose regulation is in Law Number 15
Year 2001 on Trademark (hereinafter referred to as Trademark Law). In the Indonesian
Trademark Act the types of trademarks consist of trademarks, service marks and collective
marks. A creation that can be registered as a right to a personal brand that can not be used by
others without the permission of the owner of the brand because the brand provides quality
assurance and used to make a choice of goods to be purchased, as well as a symbol used to
expand the market of the goods.
Famous trademark in the provisions of Article 6 paragraph 1 letter b of the Trademark
Act the size of a famous trademark is based on the general knowledge of the public about the
trademark in the field of business concerned. In addition, it is also noted that the reputation of
famous trademarks obtained due to vigorous and massive promotion, investment in several
countries in the world made by the owner accompanied by proof of registration in several
countries. If things are not considered sufficient, the Commercial Court can order an
independent institution to conduct a survey in order to obtain a conclusion about whether or
not the trademark is famous. The protection of internationally well-known trademarks is
regulated in Article 6 bis of the Paris Convention which was later adopted into the TRIP's
Agreement through Article 16 paragraphs 2 and 3. So the trademark can not be registered if
the registration with the intention and bad faith want to register a trademark that has
similarities in essence or overall with the trademark owned by another party that has been
registered before, or which has similarities in essence or overall with a well-known trademark
owned by another party.
With the existence of a variety of well-known brands, there is a negative impact of
trademark infringement that can be categorized as business competition unhealthy. It is called
so because in a trademark infringement there are elements that can be categorized as unfair
business competition. Unfair business competition is competition between business actors in
carrying out the activities of production and/or marketing of goods and/or services that are
carried out in a dishonest or unlawful manner.
Destination
The purpose of this paper is to determine the criteria for infringement of rights to well-
known trademarks that can be categorized as unfair business competition and what legal
remedies can be taken by the owner of a well-known trademark in the event of a trademark
infringement that can be categorized as unfair business competition.
Research Methods
The type of research in this writing is normative juridical research, which is studied with
a statutory approach, meaning that a problem will be seen from its legal aspects by examining
laws and regulations. And also a method by means of literature study, namely by analyzing
library materials related to the above problems.
Results and Discussion
Criteria for Infringement of Rights to Famous Marks that Can Be Categorized as Unfair
Business Competition.
A well-known trademark in the business world can provide economic benefits to its
owner. Trademarks can also be used or used as a tool to damage business competition,
resulting in unfair business competition. Trademark as part of the intellectual property rights
for the owner has a monopoly or exclusive right to use or give permission to other parties in
the business world. Although Law Number 5 Year 1999 on the Prohibition of Monopolistic
Practices and Unfair Business Competition through Article 50 excludes the monopoly on the
use of rights to trademark. However, misuse of trademark rights can result in monopolistic
practices and unfair business competition. Therefore against it can be categorized as a
violation of Law Number 5 Year 1999 on the Prohibition of Monopolistic Practices and
Unfair Business Competition.
The tendency of business competition violations through trademarks is most likely to be
carried out through the form of prohibited agreements, prohibited activities and abuse of
dominant position. Which can prevent business actors from trading goods and/or services.
The trademark right holder licenses the use of rights and aims to inhibit the entry of other
business actors who do not have the right to be able to use a similar trademark, because the
trademark has been used by the trademark holder for the business of trading goods and
services so that the exclusive rights owned by the trademark holder are a barrier to other
parties to use it.
Legal Efforts That Can Be Performed by Famous Trademark Owners in the Event of
Trademark Infringement That Can Be Categorized as Unfair Business Competition
Trademark infringement efforts with various modes of people still occur, as evidenced
in the community there are still many using counterfeit products that cause harm to the owner
of the trademark rights as a licensor and licensee. Therefore, to prevent this and protect the
rights of trademark owners and licensees, legal action can be taken through the judiciary
(litigation), namely to file a civil and criminal lawsuit. The use of trademarks can be sued
based on unlawful acts (Article 1365 of the Civil Code). As the plaintiff must prove that he is
due to unlawful acts of the defendant, suffered losses.
Then the legal remedies that can be done by the injured Trademark Rights Holders
can file a report to the Business Competition Supervisory Commission to stop the agreement
or activities that harm the competitor to the injured party is also given the right to claim
compensation.
Conclusion
From the description of the discussion above, in this closing section the author can conclude
as follows:
The criteria for infringement of rights to well-known trademarks that can be categorized
as unfair business competition are infringement of competition through prohibited
agreements, prohibited activities and abuse of dominant position which with the
ownership of well-known trademarks aims to eliminate competition resulting in
monopolistic practices and unfair business competition.
Legal remedies that can be done by the trademark owner in the event of a trademark
infringement that can be categorized as unfair business competition is the aggrieved party
can report to the Business Competition Supervisory Commission with a written report.
