Analisis Itikad Baik Pada Hak Merek (Studi Kasus Merk Cristal-X Semarang)

Asni, Hasan and , Inayah, S.H.,M.H. (2022) Analisis Itikad Baik Pada Hak Merek (Studi Kasus Merk Cristal-X Semarang). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

This research has the following objectives, namely: a) To find out the provisions regarding good faith on brands in Law Number 20 of 2016 concerning Brands and Geographical Indications; b) To find out the judge's consideration in determining the proof of the parties in the Decision Number: 01 / Pdt.Sus.HKI / 2017 / PN.Niaga Smg. The approach method used in this research is the normative method, because in this study what will be examined are legal principles, legal principles of Good Faith in Brand Rights (Case Study of the Cristal-X Semarang Brand). The type of research used is descriptive, namely to clearly describe the Good Faith in Brand Rights (Case Study of the Cristal-X Semarang Brand). Based on the results of the research it was stated that the Mark Certificate for the CRYSTAL-X brand owned by the Plaintiff was for Class 10 goods, namely all kinds of health therapy products, while the brand falsification carried out by Mr. Sudirman (Defendant) are goods that fall into class 3, namely the Defendant's cleaning preparations, which are a category of violations in the form of: a) Counterfeiting, brand infringement similar to brand forgery is imitation of label and product packaging (imitation of label and packaging) . An investigation by the Yogyakarta Special Region Police found the suspect (Defendant) of the forgery, namely Mr. Sudirman, who in fact still serves as the Board of Directors of CV. Indo Raya Utama. After an investigation was carried out, on February 8, 2013 the Yogyakarta Special Region Police finally stopped the investigation and issued a Notification Letter for the Termination of Investigation (SP3) because according to the Police, the Mark Certificate for the CRYSTAL-X mark owned by the Plaintiff was for Class 10 goods, namely all kinds health therapy products, while the brand counterfeiting by Mr. Sudirman are items that fall into class 3. Judges in passing decisions as described in Decision Number: 01 / Pdt.Sus.HKI / 2017 / PN.Niaga Smg. In terms of the content in the form of a Condemnatoir Decision, which is a verdict passed by a judge which is punishing, in a civil case the penalty is the obligation to fulfill the achievement in the form of giving, doing, or not doing what has been imposed on the convicted or convicted party. In the Exception, the Defendant's Exception of the Lawsuit is also granted. In the Main Case; a). Declare that the Plaintiff's Lawsuit is unacceptable; b). Sentenced the Plaintiff to pay a court fee of Rp. 1,591,000.00 (One million five hundred ninety one thousand rupiah).

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	brand good faith, brand dispute, judge's decision
Subjects:	K Law > KI Indonesia > KG Law (General) K Law > KI Indonesia > KP Perdata
Divisions:	Fakultas Hukum > Hukum
Depositing User:	HASAN ASNI
Date Deposited:	01 Mar 2022 04:37
Last Modified:	01 Mar 2022 04:37
URI:	http://eprints.ums.ac.id/id/eprint/98894

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