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1
Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (April 3, 2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.
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<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>
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Shuju, FU. "Music Trademark: New Development of Intellectual Property in Digital Economy." World Journal of Social Science Research 9, no. 2 (June 1, 2022): p64. http://dx.doi.org/10.22158/wjssr.v9n2p64.
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With the vigorous development of digital economy, the enterprise must pay more attention to the Internet instead of totally the traditional way, and new types of trademarks, especially music trademark, can attract the attention of consumers more than traditional trademarks. But situation is different in different countries and international organization. This paper takes China and the European Union as the research objects, and observes the specific standards in the practical operation of registering new trademarks such as music trademarks both in China and in the European Union through studying a large number of cases and analyzing local laws in comparative study. In China, a music that wants to be registered as a trademark needs to have at least three requirements: legitimacy, distinctive and long-term and heavy use. EU and its member states have different requirements for whether a music is allowed to be registered as a trademark. When member states want to make their own trademark law according to the EU law, they have their own domestic practices and customs of the member states so they finally formed the different trademark legal system from each other. However, music is now generally accepted as a registered trademark in the European Union.
3
Kopp, Steven W., and Tracy A. Suter. "Trademark Strategies Online: Implications for Intellectual Property Protection." Journal of Public Policy & Marketing 19, no. 1 (April 2000): 119–31. http://dx.doi.org/10.1509/jppm.19.1.119.16935.
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The growth and increasingly mainstream appeal of various aspects of the Internet could have a lasting effect on a firm's marketing mix. The authors address one of the external environmental factors that marketing and brand managers, as well as public policymakers, should continually monitor as the online community further develops: trademark law. As managers attempt to leverage the value of the trademarked brand, the authors examine the impact of the current state of technology and the law to understand the reach of current legal interpretations and the implications for present and future trademark strategy online.
4
Heath, Christopher. "Trademark rights in Europe." European Review of Private Law 4, Issue 4 (December 1, 1996): 289–338. http://dx.doi.org/10.54648/146740.
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After explaining the international framework for intellectual property protection – with particular reference to trademarks – the article focusses more closely on the European position. The measures for harmonisation of trademarks and other related marks are explained. These include a directive on the harmonisation of national trademark laws, which harmonises certain aspects of substantive law but leaves matters of procedure unharmonised, and a regulation establishing a Community Trademark which can be obtained through the Trademark Office in Alicante, Spain. The procedures for obtaining, opposing and cancelling a Community Trademark are detailed as well as the main features of the substantive law system under the Regulation and Directive. The remainder of the article then discusses certain important areas. The Regulation and Directive have provisions on the protection of well-known marks or marks having a reputation. The meaning of this is considered from a comparative standpoint. Finally the problems arising in relation to the clash between free movement of goods and the protection of intellectual property rights are analyzed with particular reference to the case law of the European Court.
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Novianti, Henny, Joko Sriwidodo, and Sartono Sartono. "Perlindungan Hukum Terhadap Persamaan Pemegang Hak Atas Merek Dalam Persaingan Dagang." JOURNAL of LEGAL RESEARCH 4, no. 2 (March 28, 2022): 309–28. http://dx.doi.org/10.15408/jlr.v4i2.25410.
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Regarding the critical nature of trademark reform, Indonesia participated in the World Intellectual Property Organization's approval of the International Trademark Agreement (WIPO). The 1992 Trademark Law was updated in 1997 by Law No. 10 Resolution No. 14 of 1997, which takes into account the provisions of the International Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS-GATT). This clause protects the origin and geographical indicators of products. Additionally, the provision modifies the former in the preceding law. With regards to trademarks in Indonesia Each user has the ability to trademark his or her name. According to Article 3 of Law No. 20 of 2016 on Marks, trademark rights are granted to registered trademark owners, indicating that the brand system in Indonesia is a constitutive (active) system, with registered trademark owners being trademark rights holders. The registered mark's owner, as the mark's holder, either uses the mark himself or grants authorization to others to do so. Additionally, Article 40 of Law No. 20 of 2016 on Marks and Geographical Indications provides that trademark rights may be transferred in accordance with the Act's provisions.
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Tverezenko, Olena. "Exercise of economic intellectual property rights to wellknown trademarks." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 62–72. http://dx.doi.org/10.33731/62020.233966.
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The exercise of intellectual property rights is the realization bythe subject of intellectual property rights of moral and / or economic intellectual propertyrights, the content of which in relation to certain objects of intellectual propertyrights is determined by the Civil Code of Ukraine and other laws. The exercise of intellectualproperty rights is also the realization of economic intellectual propertyrights by other persons on the basis of the permission of the person who has the rightto allow the use of such object of intellectual property rights.The Law «On Amendments to Certain Legislative Acts of Ukraine ConcerningStrengthening the Protection and Protection of Rights to Trademarks and IndustrialDesigns and Counteraction to Patent Trolling» (which entered into force on August16, 2020) has аmended the Law of Ukraine «On Protection of Rights to Marks forGoods and Services» (hereinafter — the Law). The amendments have removed theprovision that a well-known trademark receives the same legal protection as thetrademark for which the certificate is issued. Such changes have created a gap in thelegislation in part of defining what does the exercising of intellectual property rightsto well-known trademarks include.In this connection the following questions arise: (1) can the right to use a wellknownmark (as well as the mark for which the certificate is issued) be the subject ofa license agreement, a commercial concession agreement; (2) whether it is possible tocontribute economic intellectual property rights to a well-known trademark to the authorizedcapital of a legal entity; (3) whether it is possible to transfer such rights onthe basis of an agreement on the transfer of economic intellectual property rights or to provide as collateral. We believe that these issues should be addressed through theadoption of appropriate amendments to Art. 25 of the Law.In our opinion, the right to use a well-known trademark may be the subject of licenseagreements and commercial concession agreements. According to the currentlegislation of Ukraine, it is impossible to transfer economic intellectual propertyrights to a well-known mark to another person.It is expedient to make changes to Art. 25 of the Law, which would provide necessityof creation and functioning of the State register of Ukraine of well-knowntrade marks.The introduction of the proposed amendments to the legislation of Ukraine in thefield of economic intellectual property will help to improve the relevant legal relationsrelated to the exercise of property rights to well-known trademarks.Key words: trademark, well-known trademark, economic intellectual propertyrights, exercise of economic intellectual property rights, assignment (transfer) of economicrights of intellectual property
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Ngô, Tín Minh, and Thảo Thị Thu Trần. "Provisions on establishing rights to scent trademark of the US and European Union law - Experience for Vietnam." Science & Technology Development Journal - Economics - Law and Management 5, no. 2 (April 18, 2021): 1392–97. http://dx.doi.org/10.32508/stdjelm.v5i2.742.
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Based on the perspective of analyzing the provisions of the laws of the United States and the laws of the European Union, as well as the practice of protecting non-traditional trademarks in the United States and the European Union, in particular intellectual property rights to the Scent trademark, proposals are made for Vietnam in the process of completing legal provisions, processes, methods of assessment and establishing the rights of Scent trademark rights to meet the global trend and domestic law requirements under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership's commitments. Accordingly, in the negotiation rounds of the Trans-Pacific Partnership Agreement (the precursor of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership), the parties participating in the negotiation often disagree on the scope of protection of intellectual property rights, and non-traditional trademarks, sound trademarks, scent trademarks in particular. This is also one of the important reasons for the failure of negotiations and the withdrawal from the US Agreement. Besides, in the future, intellectual property rights and trademark rights, non-traditional trademarks in particular, will continue to be important negotiating topics that determine the success of the new generation of the free trade agreement. Therefore, the early improvement of the legal system in the establishment and protection of the rights to this object contributes to helping Vietnam be more active in negotiation.
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Scassa, Teresa. "Trademarks Worth a Thousand Words : Freedom of Expression and the Use of the Trademarks of Others." Les Cahiers de droit 53, no. 4 (November 16, 2012): 877–907. http://dx.doi.org/10.7202/1013011ar.
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Trademarks play an important role in facilitating critical speech in an increasingly corporate capitalist society. Not only do they serve as markers for expressive content on the Internet, they can also be used as vehicles for the communication of critical messages about the trademark owner or its products or services. In this paper, the author examines the implicit balance in the Trade-marks Act between freedom of expression values and trademark rights, and argues that it is being significantly altered by the contemporary push for greater trademark protection. The author identifies specific problems that emerge from Canadian case law relating to freedom of expression and trademark law. These include the treatment by courts of intellectual property rights as private property rights, inattention to the trademark/copyright overlap, the troublesome distinction between commercial and non-commercial uses, and the phenomenon of trademark bullying. The author argues for a sharp evolution in Canadian case law that would establish clear parameters for critical speech using trademarks.
9
Kamal, Mustofa, and Efridani Lubis. "Legal Protection of Government Agency Logo: Intellectual Property Law Versus State Financial Law." JURNAL ILMIAH LIVING LAW 12, no. 1 (January 31, 2020): 87. http://dx.doi.org/10.30997/jill.v12i1.2124.
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This study aims to determine the legal protection of the government agency logo according to intellectual property law according to state financial law and to find out the harmonization strategy of legal protection of government agency logos between according to intellectual property law and according to state financial law. Qualitative research is carried out using the applied law research approach. The results showed that the logo of government agencies is the result of intellectual property that can become a trademark or copyright. Repressive intellectual property legal protection can be done if preventive legal protection has been done through trademark registration or copyright. While legal protection for state finances can be done if the logos of government agencies become part of intangible assets. Government agencies are required to safeguard intangible assets through administrative safeguards, in the form of bookkeeping in financial statements, and legal safeguards, in the form of registering and storing proof of trademark certificates or copyrights. If these two safeguards are carried out, harmonization between legal protection according to state financial law and intellectual property law has taken place. Preventive and repressive protection of agency logos as intangible assets can be optimized. Keywords: agency logos, intangible assets, legal
10
Nwabueze, Caroline Joëlle. "Challenges of Transnational Trademark Law Practice: The Case of Nigerian Companies’ Brands in OAPI States." Revue générale de droit 45, no. 1 (July 8, 2015): 321–47. http://dx.doi.org/10.7202/1032041ar.
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Nigeria industrial growth has turned the country into an indispensable economic support for its neighbours. Only for the case of Cameroon, Nigeria has been the leading supplier with respectively 22% and 17.8% of imports in 2011 and 2012 with trade amounting to 328 billion FCFA per annum. This results in part from Nigerian companies’ exportations in local markets. Nigerian trademarks related to cosmetics, furniture, electronics, and pharmaceutical goods abound in neighbouring countries. However, a strengthening of Nigerian companies in regional markets encompasses strategies to avoid infringing on the trademark rights. Such strategies should include the consideration of special trademarks features by different institutions of the intellectual property (IP) system in the relevant neighbour export markets. This is by the mere fact that the legal status of those goods, although physical property, relies mainly on the material law applicable, which is trademark in the present case. Because the principle of territoriality requires that trademark protection be sought in the place where the goods are sold—and trademark applications filed in each country in which protection is sought—, Nigerian companies planning to outsource some business activity in neighbour markets will seek compliance with trademarks norms applicable in the Organisation africaine de la propriété intellectuelle (OAPI) of which those countries—Benin, Cameroon, Chad, and Guinea—are part. The trade partnership between companies from a common law trademark background on one hand, and civil law intellectual property community on the other, inevitably raises some frictions and trademarks issues. This article analyses the trademark challenges arising from Nigerian companies’ business decision to enter OAPI markets and export goods and services. The article firstly underlines the issues to be taken into consideration, including registration and enforcement of the companies’ marks in OAPI. Then the paper simultaneously reviews the dissimilarities issues between the Nigerian Trademark Act and the OAPI Trademark System to which the Nigerian companies are confronted. If trademark protection makes it easier for an enterprise to access transnational markets, the establishment of a Trademark Community with neighbouring countries helps for sure national industries to establish partnerships with other firms for sustainable development in the areas such as production, marketing, distribution or delivery of goods and services. In light of the trademark harmonisation in the European Union internal market, the present paper concludes by recommending the creation of a Trademark Community in the West and Central African region between Nigeria and its neighbouring countries.
11
Ayrapetov, N. A. "Protection from Trademark Dilution." Actual Problems of Russian Law 17, no. 10 (September 22, 2022): 176–82. http://dx.doi.org/10.17803/1994-1471.2022.143.10.176-182.
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The paper is devoted to the study of ways to counter the «dilution» of the distinctiveness of trademarks in intellectual property law. This institution has not been sufficiently studied in Russian legal science. «Dilution» and «confusing similarity» are aimed at protecting trademarks, but they have different directions. In the first case, this is a fight against designations that are heterogeneous to the registered trademark, and in the second case, only against homogeneous ones. At the moment, the doctrine of «dilution» in the Russian legal science in the field of intellectual property has not been formed as an independent institution in the field of means of individualization. The author conducted a study of the main provisions of the doctrine abroad and identified mechanisms that allow to combat the «dilution» of the distinctiveness of the means of individualization. An analysis was also conducted of the existing mechanisms for protecting trademark rights in the Russian Federation, their compliance with the «dilution» doctrine, and a conclusion was made about the presence of this doctrine in Russian law.
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Hassan, Amjad, and Hasan Falah. "Legal Protection of the Famous Trademarks In Accordance with the Laws in Force in Palestine." European Journal of Social Sciences 2, no. 1 (March 30, 2019): 81. http://dx.doi.org/10.26417/ejss-2019.v2i1-59.
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A trademark is considered to be one of the most important elements of intellectual property for its ability to distinguish goods and services from others, it is the fruit of the effort of the merchant who did the best he could to bring the product to its fame and gained the admiration of the public worldwide. The merchant aims to attract customers, control the market, compete legitimately and takes the trademark as a way to achieve it, the greater the fame of the brand, the greater its popularity and financial value. This leads others to try to take advantage of the reputation and popularity of this brand by simulating, copying or falsifying it, which harms the owners of trademarks and consumers and negatively affects the development of the national economy. The regulation of well-known trademarks is a national necessity and an international requirement, and therefore Arab laws and international conventions "The Paris Convention for the Protection of Industrial Property and the Agreement on the Aspects of Intellectual Property Rights from International Trade" (TRIPS) all implemented special regulations of well-known trademarks. In Palestine, the Jordanian Trademark Law No (33) of 1952 is applicable in the West Bank and the Regulator of Trademarks in general; It did not establish special rules for the protection of well-known trademarks, which imposes on the Palestinian judiciary and specialists the burden of searching for ways to protect these marks in accordance with the provisions of the Trademark Law and the general rules, judicial principles and practical familiarity with reality.
13
Mukhtar, Sohaib. "Islamic Law and Trademark Protection." Malaysian Journal of Syariah and Law 6, no. 1 (June 6, 2018): 1–28. http://dx.doi.org/10.33102/mjsl.vol6no1.56.
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Protection of trademark in Islamic Law is covered under verses of the Holy Quran and traditions of Prophet Muhammad ï·º. Trademark is one of the component of Intellectual Property Law, which is protected under Islamic Law. Islamic law are those teachings which were revealed on the last prophet Muhammad ï·º, for the betterment of human beings in both worlds. Islamic Law protects rights of an individual whether they are material like property rights or immaterial like Intellectual Property rights. Protection of wealth is one of the Maqasid-ul-Sharia, which is the public right and are fully preserved under an Islamic Law. Almighty Allah says in the Holy Quran that “Do not eat the property of another with unlawful means except with a valid agreement, solemnized with a valid consent from both sidesâ€. Prophet Muhammad ï·º said that he who copies another’s work is not one of us. Prophet Muhammad ï·º went to Syria as a trader with the wealth of his preceding wife Hazrat Khadija RA. Imam Abu Hanifa and Imam Bukhari used to work as traders besides their exceptional works in Fiqh and Hadith. All types of trade and investment activities are valid, legal and protected under Islamic Law unless clearly prohibited by Almighty Allah in the Holy Quran or by Prophet Muhammad ï·º in the Sunnah. The transaction must be clear from Riba/Interest; which is an excess that has no corresponding consideration in exchange of property for property. The subject matter of the transaction must not be uncertain, and the purpose of the transaction and the activities governed under the contract must be legal under the light of the Holy Quran and Sunnah of Prophet Muhammad ï·º. Intellectual Property is protected under Islamic Law, which is that area of law, which concerns legal rights, associated with creative efforts, commercial reputation and good will. Intellectual Property Law includes patent for the protection of inventions, copyright for the protection of literary and artistic works and trademark for the protection of marks, signs, words and trade names, which distinguishes goods and services of one undertaking from goods and services of other undertakings, which must be distinctive and non-descriptive because an undescriptive trademark is a unique trademark which is easy to be registered and adhered by the public at large. The purpose of trademark is to provide an opportunity to the public to distinguish goods and services of one undertaking from goods and services of other undertakings and to adhere the source of goods and services. Trademark is protected under Islamic Law, but it does not allow the right holder to held illegal activities under a legal trademark. The trademark which is protected under Islamic Law is that trademark which is used for the promotion of legitimate goods and services.
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Vereen, Endia. "Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol and its Progeny." Pittsburgh Journal of Technology Law and Policy 15, no. 1 (February 10, 2015): 57–76. http://dx.doi.org/10.5195/tlp.2014.156.
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When the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., stands for the proposition that when a licensor rejects an intellectual property license as "executory," the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol, Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing. This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future.
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Tulzapurkar, Veerendra. "Intellectual Property Law – Transfer of Technology." International Journal of Legal Information 36, no. 2 (2008): 338–41. http://dx.doi.org/10.1017/s0731126500003103.
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The law of patent, trademark law, copyright law and the law relating to industrial designs are the statutory enactments forming part of intellectual property law which have a bearing on the transfer of technology. There is one more branch of intellectual property law which also has a bearing on the transfer of technology and that is the law relating to confidential information or law relating to confidentiality. This law is not a written law; it is judge made law, in the sense that it is developed through cases.
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H G, Reshma. "Non Conventional Trademarks: A Legal Analysis." International Journal of Legal Developments & Allied Issues 08, no. 04 (2022): 01–11. http://dx.doi.org/10.55662/ijldai.2022.8401.
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The traditional range of trademarks has been limited to words, symbols or designs or a combination thereof. Even if there are small differences from country to country, this scope is somewhat steady and the expansion of this scope has been discussed for more than 100 years. Any trademark that does not fall within that traditional scope of ‘word, symbol or design or a combination thereof shall be considered as a non-conventional trademark. With the industries seeking new forms of protecting their marks with sensory appeal through colour, scent and sound, the adoption warrants special consideration. Across the globe, though these marks have attained attraction, the difficulty in the graphical representation of these marks hinders their statutory recognition. Over time, colour and colour combinations play an important role in distinguishing products in the marketplace. The use of single colour per se has got recognition in many jurisdictions. Yet another important leap is in the introduction of sound marks and scent marks in commerce. The reduction of these marks into a description in the paper is what makes it difficult to provide statutory recognition. Through this new concept of unconventional trademarks is helpful to the customers and innovative to the producers, this has expanded the subject matter eligible to be protected. This expansion has erased the clear delineation between patent, copyright and trademark law and leads to overlaps that allow multiple bodies of intellectual property law to simultaneously protect the same subject matter. The overlapping of intellectual property rights is not yet addressed among nations. Often these overlaps can create overprotection of intellectual property by avoiding some of the carefully developed doctrines designed to limit protection under a specific body of intellectual property law.
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Sagung Laksmi Dewi, Anak Agung, Ni Made Dwi Ari Cahyani, and Ni Made Sukaryati Karma. "Perlindungan Hukum Bagi Pemegang Merek Terhadap Pemalsuan Merek Fashion." Jurnal Konstruksi Hukum 2, no. 1 (March 1, 2021): 175–79. http://dx.doi.org/10.22225/jkh.2.1.2990.175-179.
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Trademark as one manifestation of intellectual property has an important role for the smooth and increased trade in goods and services in the trade of goods and investment. As for the problems in writing this thesis, What about legal protection for trademark
holders against falsification of fashion brand violations? This research uses normative research methods. Another name for normative law is doctrinal law research, also referred to as document library research or document study. This study uses a statutory and conceptual approach. Existing legal protection also applies to trademark holders as protection provided to legal subjects in the form of both preventive and repressive legal instruments. Settlement of legal violations of registered trademarks, is in Article 83 paragraph (3) of Law Number 20 of 2016 Regarding Trademarks and Geographical Indications which use the Commercial Court channel as an institution to resolve trademark disputes, infringement of wellknown marks can be resolved through legal channels civil and criminal law lines. Legal remedies for trademark rights against Fashion Zara brand product offenses can file Civil and Criminal Lawsuits for damages and also proceed in a commercial court in accordance with the provisions stipulated in article 83 of Act No. 20 of 2016 concerning Trademarks and Geographical Indications. The suggestion is to socialize the importance of registering trademarks for legal protection to trademark holders so that trademark owners will increase their awareness to register trademarks used.
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Sultimova, E. B. "Non-Conventional Trademarks: Classification and Features of International Legal Protection." Actual Problems of Russian Law 17, no. 9 (August 23, 2022): 112–24. http://dx.doi.org/10.17803/1994-1471.2022.142.9.112-124.
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The paper is devoted to the types and issues of non-conventional trademark protection. In order to understand the reasons for the emergence of such a category as a ‘non-conventional trademark’, the author studies the history of trademark development. The author examines the provisions of the main international treaties providing for trademark protection. The paper pays particular attention to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Singapore Treaty on the Law of Trademarks 2006, which is the first international treaty to explicitly extend its scope to non-conventional trademarks. The paper considers one of the main problems in the registration of non-conventional trademarks related to the form of their submission for registration. Finally, the author makes a conclusion about the need to improve international legal regulation in order to unify approaches to non-conventional trademarks and ensure non-conventional trademark protection in the world.
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HAMID LABETUBUN, MUCHTAR ANSHARY, and MARSELO VALENTINO GEOVANI PARIELA. "CONTROLLING OF IMPORTED OR EXPORTED GOODS RELATED TO BRAND PROTECTION BY CUSTOMS." UNTAG Law Review 4, no. 1 (May 20, 2020): 20. http://dx.doi.org/10.36356/ulrev.v4i1.1522.
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<p>Customs regulations in Indonesia, there is also a legal mechanism to protect brands. Provisions in Chapter X of Law, Number 10 of 1995 concerning Customs as amended by Act Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, includes a prohibition on import or export restrictions and controls on the import and export of goods the results of infringement of Intellectual Property Rights including Trademark Rights. The role of Customs in the framework of protecting registered brands is as a traffic surveillance apparatus for goods entering or leaving Indonesian territory, the Directorate General of Customs and Excise (DJBC) is required to control the import-export of products resulting from violations in the field of trademark rights, and intellectual property rights and by court order can stop the entry and exit of goods infringing trademark rights. The implementation of the trips agreement in the laws and regulations on Indonesian customs can contribute to the protection of registered trademarks, especially in terms of being the front door in overcoming violations of trademark rights in Indonesia.</p>
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Zolota, L. V., and G. V. Rusak. "Protection of intellectual property rights on a trademark." Legal horizons, no. 25 (2020): 19–24. http://dx.doi.org/10.21272/legalhorizons.2020.i25.p19.
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In the process of developing their own business, legal entities and individuals are looking for new ways and tools to separate, individualize goods or services from others. The most effective tool to individualize and promote business not only in domestic but also global markets is a trademark. Therefore, it is worth paying attention to the brand from the moment of business formation. After all, the consumer perceives the brand visually, phonetically, semantically, it is a tool that psychologically affects the consumer of a product or service and forces him to make a choice. Relations arising during the acquisition, exercise and protection of trademark rights are provided by the Constitution of Ukraine, the Civil and Commercial Codes of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", as well as relevant ratified international treaties and other regulations acts. Also, the relevance of this topic is due to the fact that the trademark is a special, unique object of intellectual property rights, a means to individualize goods and services, as well as business participants. Problems of trademark use and protection are a significant issue, as a necessary condition for effective economic development, increasing the level of product competitiveness, not only in Ukraine but also abroad, protection against unfair competition is the proper implementation of trademark rights. During the writing of the article to achieve the goal the concept of trademark in Ukraine and its features were revealed, differences of trademark from other marks for goods and services were established, the legislation of Ukraine in the field of trademark protection was analyzed and characterized trademark in Ukraine.
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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention." Economics, Law and Policy 1, no. 2 (June 11, 2018): 122. http://dx.doi.org/10.22158/elp.v1n2p122.
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<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>
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Lazíková, Jarmila. "The Notion of the European Union Trademark." EU agrarian Law 8, no. 1 (July 1, 2019): 21–31. http://dx.doi.org/10.2478/eual-2019-0004.
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AbstractThe EU trademark law has recorded the important changes in the last years. The Community trademark in the past and the EU trademark at the present have become very popular legal measures not only in the EU Member States but also in the third countries. Its preferences are increasing year to year. The EU trademark may consist of a sign that fulfils two main attributes. Firstly, there is a distinctive character. Secondly, there is a capability of being represented on the Register of the EU trademarks. The second attribute is new and replaced the previous attribute - capability of being represented graphically. The interpretation of the above mentioned attributes is not possible without the judgements of the Court of Justice of the European Union. It is necessary to take into account the kind of trademark, list of the goods and services, which should be signed by the trademark, and its perception by the public. The paper includes the main judgements of the Court of Justice of the European Union related to the interpretation of the sign that may be registered as the EU trademark. They are very helpful in the application practice of the European Union Intellectual Property Office and the national offices of the intellectual property as well.
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Nasimi Chingizzadeh, Chingiz. "HUMAN RIGHTS RELEVANT TO TRADEMARKS." ANCIENT LAND 03, no. 04 (June 30, 2021): 19–21. http://dx.doi.org/10.36719/2706-6185/03/19-21.
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Human rights and trademark laws do not go well together. This is partly the result of an educational tradition and the division of legal research into private and commercial law on the one hand and public law, international law and human rights law on the other. This division is also reinforced by the historical judiciary in many countries. However, human rights concerns are becoming more and more relevant in trademark law. Keywords: Intellectual property, trademark, human rights, freedom of expression, privacy, property
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Gunawan, Heri, Joni Emirzon, and Muhammad Syaifuddin. "THE COMPARISON OF LEGAL DAMAGES FOR COPYRIGHT & BRAND INFRINGEMENT AMONG INDONESIA-CHINA LAWS." Jurnal Pembaharuan Hukum 8, no. 3 (December 30, 2021): 466. http://dx.doi.org/10.26532/jph.v8i3.17482.
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Intellectual Property Rights or what is often abbreviated as HAKI is a legal protection given by a certain country to a person or group of individuals who express their ideas in the form of works. This law is a state territory. This means that a work will only be protected by rights in the country where the work originated to obtain IPR. As stated in the Copyright Laws, Intellectual Property Rights are exclusive rights granted by a regulation to a person or group of people for their copyrighted works. This protected work is in the form of intangible objects such as copyrights, patents, and trademarks and tangible objects in the form of information, technology, literature, art, skills, science, and so on. The idea of compensation law for copyright and trademark infringement in Indonesia, of course, can imitate the copyright law and trademark law of the People's Republic of China in regulating more clearly the calculation of the value of losses for copyright and trademark infringement in order to be able to provide legal certainty for the owner / rights holders whose rights have been violated. The research use normative juridical approach. The purpose of writing is to analyze and explain the calculation of compensation by looking at the criteria, evidence, basis, form and formulation of calculating compensation for copyright and trademark infringement. The results of the study stated that the law for compensation that arises as a result of copyright and trademark infringement according to positive law in Indonesia still does not regulate in detail the calculation of the value of the loss of both copyrights and trademarks. Copyright Act No.28 of 2014 and Trademark Act No.20 of 2016 only gives rights to the right owner/right holder to file a claim for compensation, but the law does not regulate how to determine the value of the loss for a copyright infringement as well as brands.
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Fathanudien, Anthon, Suwari Akhmaddhian, and Irfan Mochammad Firmansyah. "The Legal Protection of Jeniper Product Brand Rights Associated with Brands and Geographical Indications." UNIFIKASI : Jurnal Ilmu Hukum 9, no. 1 (June 16, 2022): 39–44. http://dx.doi.org/10.25134/unifikasi.v9i1.3456.
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This study aims to discover the legal protection of trademark rights from its law and geographical indications. In addition, this study also determines the implementation of the trademark law on Jeniper products. This study employed empirical legal approach involving interviews, observations, and literature studies. This study revealed that the legal protection regulation of trademark right is governed by several laws and regulations. This includes trademark and geographical indications Act, Government Regulation of the Republic of Indonesia Number 22 of 2018─International trademark Registration─Protocols Related to the Madrid Agreement on International trademark Registration, and Ministry of Law and Human Rights Regulation Number 67 of 2016─Trademark Registration and Regional Regulation of West Java Province Number 10 of 2018─Intellectual Property Management. Furthermore, the implementation of legal protection, trademark rights of Jeniper products, have been registered at the Directorate General of Intellectual Property Rights of the Republic of Indonesia. Thus, they are legally by the State. In conclusion, the Regional Government of Kuningan Regency lacks a specific Regional Regulation, governing Trademark Rights in Kuningan Regency
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LEONTIEVA, Lina. "Legal safeguard of trademark is in Ukraine at level of national legislation." Economics. Finances. Law 11, no. - (November 26, 2021): 14–17. http://dx.doi.org/10.37634/efp.2021.11.2.
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In this paper theoretical and practical questions are considered in relation to trademarks, the legislative base of institute of intellectual property is Analysed that touches a trade ark exactly, The legislative base of institute of intellectual property is analysed that touches a trade ark exactly, namely by Constitution of Ukraine, Civil Code of Ukraine; Economic to Code of Ukraine; A law of Ukraine is “On the guard of rights on signs for commodities and services”, Law of Ukraine “On protecting from an unfair competition”, Law of Ukraine “About an advertisement”. Drawn conclusion in relation to the legal adjusting of rights that is given by national legal acts and terms of grant of legal safeguard that research is examined in scientific. During consideration of this research a question is considered, that it is exactly necessary it is necessary to bear in a mind at determination of concept trademark, investigational that is grounds for acquisition of legal safeguard on a trademark and outlined that are grounds at confession of trademark invalid. Problems that appear in the field of the legal adjusting of trademark in Ukraine are investigational. The aspects of legal methods of protection of ownership rights are reflected on trademarks, and also the ways of analysis of situation and most optimal methods and effective mechanisms of defence are certain. In detail paid attention during research of functions, that is executed by a trademark and their maintenance that to our opinion has an important value for understanding of features of her legal defense is considered. By the basic functions of trademark certainly: replacement commodity or services among other partial, that are in civil turnover; replacement on the origin of commodity or services; industry on certain of commodity of services; advertising of this commodity of services.
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Setyawan, Andry, Dewi Sulistianingsih, and Ivan Bhakti Yudistira. "Non-Traditional Trademarks in Indonesia: Protection under the Laws and Regulations (An Intellectual Property Law)." Journal of Indonesian Legal Studies 2, no. 2 (November 27, 2017): 123–30. http://dx.doi.org/10.15294/jils.v2i02.19443.
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Non-traditional Trademarks are also known as non-conventional trademarks develop due to business demands. The development of new trademarks like the sound, scent, three dimensions, and the hologram is defined as non-traditional trademarks and non-conventional trademarks of modern trademarks. The international and national regulations of the trademarks are done through several instruments. In Indonesia, they are governed in Act No 20 of 2016 and the regulations of the Ministry of Law and Human Rights No 67 of 2016. Despite their regulations which are accommodated in Act No 20 of 2016, the implementations of the regulation in Indonesia are as well-developed as that of other countries. The problems in the implementation of the non-traditional trademark protection are the responsibilities of the General Directorate of Intellectual Property especially in preparing the facilities and human resources.
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Rusdiana, Shelvi. "TRADEMARK IMPERSONATION: REGULATION AND DISPUTE RESOLUTION." Mizan: Jurnal Ilmu Hukum 11, no. 1 (June 21, 2022): 86. http://dx.doi.org/10.32503/mizan.v11i1.2587.
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Intellectual property rights are created or arise from an idea to create a product or process that can be useful for human life. Intellectual property rights are also legal protection given to the results of human thought that are useful and have economic value. Understanding intellectual property itself requires comprehensive knowledge of what can be the object of intellectual property protection. A brand is an intellectual property identifier of a product or service owned by a company or individual. Violation related to registered trademark rights in Indonesia is an act that is against the applicable positive law. This study analyzes the regulation, legal protection of registered trademarks and dispute resolution. The research method used is a normative juridical research method using secondary data in the form of regulations related to brands and the results of previous studies. The results of this study indicate that a violation in the form of imitation of a registered mark can be subject to imprisonment and a fine. There are 2 (two) ways of resolving disputes regarding the imitation of the registered mark: filing a claim for compensation and terminating all activities related to the use of the mark. The lawsuit is submitted to the commercial court and can take arbitration or other alternative dispute resolution.
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Bartow, Ann. ""Are You There, Trademark Law? It's Me, Misogyny."." Columbia Journal of Gender and Law 41, no. 1 (November 8, 2021): 11–26. http://dx.doi.org/10.52214/cjgl.v41i1.8816.
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When I became aware of the emergent body of legal scholarship on menstruation related topics on which this Symposium builds, I thought that the authors of these articles were very brave.1 I’m an imperfect but life-long feminist and accepted the emotional challenge that writing this Essay posed for me out of gratitude to those authors. Because my principal scholarly focus is intellectual property law, I approached the topic through the lens of trademark law. Part One of this article positions this Essay firmly within the contours of the author’s life and personal experiences with menstruation. Part Two maps common trademark and branding practices related to tampons and sanitary napkins. Part Three explains that the Lanham Act does not offer legal mechanisms by which to challenge the federal registration of sexist trademarks. As with racist trademarks, amplified criticism and persistent public pressure are the main mechanisms available to foment positive change in the marketplace for feminine hygiene products.
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Tran, Tuan Duc. "Unregistered trademarks also need legal protection: An approach from the U.S. law." Science & Technology Development Journal - Economics - Law and Management 1, Q5 (November 28, 2018): 69–73. http://dx.doi.org/10.32508/stdjelm.v1iq5.492.
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Trademarks is the fruit of creativity, utmost important property of enterprises. The protection of trademarks with legal provisions not only secures their rights and legitimate interests, but makes it easier for consumers to find desired goods. Although there are a number of legal documents that protect intellectual properties in general and trademarks in particular, there still exist many limitations and drawbacks, especially in terms of legal procedures, solving experience and remedies, compensations that are not sufficient for deterrence. By comparing with the U.S. law, the paper aims to provide an objective analysis on drawbacks of Vietn m’s intelle tu l property (IP) prote tion l w thereby offering suggestions to improve the current legal framework of IP protection in general and trademark protection in particular.
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Samolovova, Nina. "Protection of intellectual property rights in Ukraine: design solution." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 44–53. http://dx.doi.org/10.33731/52022.270784.
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Keywords: objects of intellectual property rights, trademark, utility model, copyrightand/or related rights, industrial design, unregistered industrial design, utilitymodel, commercial name
The law of the fashion industry is a branch of law that regulates publicrelations arising in connection with activities related to products of the light andcosmetic industries. Creative products, such as fashion designs expressed in products,may be protected as intellectual property rights. A design solution embodied in a particularproduct may be protected by one or more intellectual property institutions.Design solutions in the field of fashion are not directly defined in the legislation,but their properties are reflected in the features of various objects of intellectual propertyrights. The design solution embodied in the product may include copyright, industrialdesign, utility model, trademark, geographical indication, trade name. However,if the product contains several objects of intellectual property rights at once, theauthor currently registers not all, but one/two due to the cost of registration (obtaininga certificate or patent). There is an example of a bag given in the article, whichshows how protection for an industrial design and a trademark can be received immediately.But there is no procedure for providing protection by design solutions.For comprehensive protection of a design solution in the system of cross-borderprotection of intellectual property rights, foremost it is necessary to introduce the conceptof «design solution» by law. Furthermore, since design solutions in the fashion industryare seasonal and short-term, the law should give «accelerated preferentialtreatment» to design solutions in the fashion industry. This means that, after a designdecision is registered, it is protected for one year. After one year, the designerspay the fees to officially register the intellectual property rights. This way, the designerscan understand the relevance and purchasing power of the goods and avoid payinghigh fees to register intellectual property rights.
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Дешко, Людмила. "CONSTITUTIONAL RIGHT TO OWN, USE AND DISPOSE THE RESULTS OF INTELLECTUAL AND CREATIVE ACTIVITY: «JUSTIFIED EXPECTATION» FOR OBTAINING PROPERTY SUBJECT TO LEGAL PROTECTION." Constitutional and legal academic studies, no. 3 (May 12, 2021): 41–48. http://dx.doi.org/10.24144/2663-5399.2020.3.04.
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In the science regarding Constitutional Law, the issue for restriction of intellectual property rights provokes lively discussions. When registration of trademarks, there increasingly raises a number of theoretical and practical questions: can the state "destroy" the legitimate expectations of the subjects of intellectual property rights by adopting certain legislative acts in order to fulfill its international obligations? Is the decision to apply the provisions of a bilateral agreement to the application for trademark registration, which came into force after the subject was filed into trademark application process, considered as interference into the peaceful use of property? Does the constitutional and legal mechanism for regulating public relations in the field of intellectual property on "expectativa jurídica" issue the need to be improved?
The purpose of this article is to identify the conditions under which the applicant who has applied for registration of a trademark has the right to claim in respect of which he has a "justified expectation" of its implementation, as well as to identify conditions that allow national law or there is insufficient evidence in the settled case-law practice of National Courts to state that an applicant who has applied for registration of a trademark has a “justified expectation” protected by the provisions of the Article 1 of Protocol No. 1 to the Convention. Research methods is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc.
In order to benefit from the protection of Article 1 of Protocol No. 1 to the Convention, an applicant who has applied for registration of a trademark must be entitled to claim in respect of which he may affirm that he had at least a “justified expectation” for its implementation. The grounds for concluding that such a “justified expectation” is as follows: the availability of grounds for such a requirement within national law and the consistent practice of National Courts, which shows that the applicant does have sufficient grounds to obtain this very justified expectation. 2. The mentioned reasons allow to affirm about the lack of reasonable grounds within national law or in the settled case-law practice of National Courts that are to state that an applicant who has applied for registration of a trademark has “justified expectation” protected by provisions of the Article 1 of Protocol No. 1 to the Convention: 1) the applicant company had a right that is subject to a certain condition, which was terminated retroactively due to non-compliance with this condition, namely that it did not violate rights of the third parties; 2) there is a dispute/disputes about the registration of a trademark, which being taken into the Court processing in different countries; 3) the applicable rule of national law is sufficiently accessible, accurate and predictable; 4) the criteria for trademark registration are unclear, there are doubts about their proper interpretation, as well as the difficulties associated with the need to analyze various international instruments.
Violation of the Article 1 of Protocol 1 is a retrospective interference by the legislator. The current legislation of Ukraine in the field of intellectual property on “expectativa jurídica” issues when filing an application for trademark registration, as well as on state interference regarding the “justified expectation” of the applicant companies needs to be improved in the light of the case-law practice of the European Court of Human Rights.
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Deacon, Harriet J. "Ethics, intellectual property and commercialization of cultural heritage." Pravovedenie 64, no. 1 (2020): 93–111. http://dx.doi.org/10.21638/spbu25.2020.108.
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The Sámi are an indigenous people residing in Sápmi, a region cutting across northern Scandinavia (Norway, Finland, Sweden) and the Kola Peninsula in Northwest Russia. This article tells the story of a Sámi sun symbol on a seventeen century drum, originally from Swedish Sápmi, that was registered as a trademark by a jewellery company in Norway called “Tana Gull and Sølvsmie AS” in 2009. The mark was invalidated in 2020 because, according to the Norwegian Intellectual Property Office, the registration of a religious symbol was likely to infringe on the rights of the Sámi, whose access to their own cultural and religious symbols should be protected. The basis for the decision was a public policy exception, a provision within trademark law excluding the registration of signs “contrary to morality or public policy”, and allowing the law into account public opinion, public interest and human rights. Analysis of this case is used to shape the debate about the role of intellectual property law in addressing the problem of overcommercialization, for example by preventing cultural misappropriation. The authors suggest that the notion of blasphemy or religious offence through banal commercialization should be more broadly formulated in interpretation of the public policy exception in order to take account of cultural misappropriation. They also argue that protecting the public domain by preventing registration of important cultural and religious symbols is not sufficient to address the problem of cultural misappropriation in a commercial context. Positive protection through trademark registrations is just as important as their defensive protection.
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Egia Nuansa Pinem, Lompoh, and Ni Luh Dwik Suryacahyani Gunadi. "Analisis Penyelesaian Sengketa Terhadap Hak Merek Atas Putusan Geprek Bensu Melawan I Am Geprek Bensu." Jurnal Pacta Sunt Servanda 2, no. 1 (July 1, 2021): 24–35. http://dx.doi.org/10.23887/jpss.v2i1.452.
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In Indonesia, there are two forms of dispute resolution over Intellectual Property Rights. The first is through the litigation channel and the second is through the Non-Litigation route. Regarding trade disputes over trademark rights, the resolution is also through these two channels. This research specifically examines the settlement of trademark disputes between Geprek Bensu and I Am Geprek Bensu based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This research uses research methods of normative law which is carried out through the collection of primary data and secondary data as well as by the literature approach. Data analysis in this study used qualitative data analysis methods.
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Utomo, Bernadetta Lakshita Pradipta, Sudaryat Sudaryat, and Aam Suryamah. "Perlindungan Hukum Bagi Pemilik Merek Dagang Atas Penjualan Barang Palsu pada Platform Marketplace." Wajah Hukum 5, no. 1 (April 23, 2021): 70. http://dx.doi.org/10.33087/wjh.v5i1.343.
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Nowadays technology changes is more advanced. One of the changes caused by the development of information technology is human behavior in realizing the results of their intellectual property. We can view intellectual property through online platforms easily. The Covid-19 pandemic has caused the sale of goods that were offline becomes online. Other than that, there are also a lot of counterfeit goods which has peaked on the marketplace platform. This research aims to gain an understanding of legal protection for brand owners and about legal actions that can be taken by them for selling counterfeit goods on the marketplace platform. The research method used is normative juridical. The results of this study are based on Law no. 20 of 2016 concerning on Marks and GI and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on EIT in order to obtain more comprehensive protection, trademark owners must first register their trademarks. In addition, efforts that can be made by trademark owners are taking actions such as making complaints to each marketplace platform, resolving alternative disputes, submitting requests for provisional decisions, civil lawsuits by requesting compensation, and criminal sanctions.
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Feng, Shujie. "Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?" World Trade Review 19, no. 3 (August 19, 2019): 424–45. http://dx.doi.org/10.1017/s147474561900017x.
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AbstractGeographical indications (GIs), signs used on products that identify their geographical origin and special quality or reputation, are atypical intellectual property. The conflicts of interest between the New World and Old World and the diversity of legal regimes have obstructed the international harmonization of GI protection. Neither the Lisbon Agreement nor the TRIPS Agreement have been able to establish a widely accepted international GI registration or protection system. Though the Geneva Act has remarkably improved the treaty regime of GIs, the different approaches of the European Union and United States still seem irreconcilable. This article examines the Chinese dual GI system from a treaty perspective and explores the common functions of GIs and Trademarks, concluding that China's Trademark Law can ensure GI protection that is compliant with the TRIPS Agreement and the Geneva Act. The Chinese solution can be a reference for other countries which protect GIs with a trademark system.
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Balqis, Wizna Gania. "Perlindungan Merek sebagai Hak Kekayaan Intelektual: Studi di Kota Semarang, Indonesia." Journal of Judicial Review 23, no. 1 (June 1, 2021): 41. http://dx.doi.org/10.37253/jjr.v23i1.4360.
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The products produced by the creative economy will never be separated from the intellectual property in it, especially brands. However, the problem is that there are still many creative economy actors who do not register their product brands. This study uses a socio-legal research method with a statutory approach and a sociological approach. The results of this study indicate that a new brand will occur after the brand has been registered. Legal protection for creative economy product brands can be in the form of preventive protection and repressive protection. Preventive protection is provided by preventing the occurrence of trademark infringement to encourage trademark owners to register their trademarks to be legally protected. Meanwhile, repressive protection is carried out to deal with violations of trademark rights under applicable laws and regulations through judicial institutions and other law enforcement officers such as the police, Civil Servant Investigators, and the prosecutor's office to take action against violations of trademark rights. In the case of a request for violation of trademark rights, it is filed through the Ministry of Law and Human Rights.
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Jaya, Dedi, and Hari Sutra Disemadi. "Prospects of Trademark Registration To Recover The Economic of MSMEs Actors in Service Sector after The Pandemic." Widya Yuridika 5, no. 2 (September 1, 2022): 265. http://dx.doi.org/10.31328/wy.v5i2.3504.
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MSMEs are businesses that can be run by all people who want to start a business with small capital. Q, MSMEs have strategic role in building Indonesian economy. However, the growth of MSMEs is experiencing a slump due to COVID-19. On March 11, 2020, WHO as a legal world health organization declared the COVID-19 as a pandemic. MSMEs have become solution to increase the welfare of Indonesian citizen, since the issue of welfare itself is not an easy to realize. To support MSMEs in increasing the welfare, it is necessary for the government to take action in pushing MSME actors to registrate their trademarks as part of intellectual property which is very important in the economic recovery. Based on these problems, this study uses non-doctrinal research methods to examine trademark regulation in Indonesia, the awareness of MSME actors on the importance of trademark protection, and the relation of trademark registration as an effort to recover the MSME economy after the pandemic. The result of this study indicates that the regulation regarding trademark protection is contained in Indonesian Trademark & Geographical Indication Law. Additionally, the study reveals that there are several MSME actors who aware that a brand must be protected because it is an intellectual property, but there are also MSME actors who do not aware about this issue. In fact, the urgency of trademark registration is considered to be the part of efforts in recovering the economy of MSMEs after the COVID-19 pandemic, this is because after registering the trademark, it automatically has economic value.
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Sitko, Joanna. "Various Aspects of the Application for a Trademark Made in Bad Faith in the Light of EU Case Law." Białostockie Studia Prawnicze 27, no. 1 (March 1, 2022): 95–115. http://dx.doi.org/10.15290/bsp.2022.27.01.06.
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Abstract European Union case law has in recent years brought to the surface numerous decisions that shed new light on the interpretation of bad faith in trademark law. The aim of this article is to present and discuss the premises that, pursuant to the judgments of the European Courts and decisions of the European Union Intellectual Property Office (EUIPO), are perceived as circumstances that may deem an application for a trademark as one made in bad faith. A close examination of the judicial decisions aims at determining how the approach to the concept of bad faith has been shaped in EU case law over the years since the preliminary ruling on the trademark application concerning the Easter bunny (Chocoladefabriken Lindt & Sprüngli). Initially, bad faith was identified with those unfair applications for trademarks aiming at harming a third-party interest that had used a given mark before. The rulings issued in subsequent years clearly indicate that the application for a trademark made in bad faith does not have to be connected with a similar designation used by a third party beforehand. Such an application may derive from an unfair strategy of protecting the applicant’s own designations. What is unfair here is an attempted use of the system of protection of trademarks for purposes other than those for which it serves, through making an application for a trademark for purposes other than the functioning of that trademark.
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SAGGI, KAMAL, and JOEL P. TRACHTMAN. "Incomplete Harmonization Contracts in International Economic Law: Report of the Panel, China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009." World Trade Review 10, no. 1 (January 2011): 63–86. http://dx.doi.org/10.1017/s1474745610000455.
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AbstractIn China – Measures Affecting the Protection and Enforcement of Intellectual Property Rights, the Panel addressed three main issues: 1.the relationship between China's censorship laws and its obligations to protect copyright under the WTO Agreement on Trade Related Intellectual Property Rights (‘TRIPS’);2.China's obligations under TRIPS to ensure that its customs authorities be empowered to dispose properly of confiscated goods that infringe intellectual property rights;3.whether China's volume and value of goods thresholds for application of criminal procedures and penalties with respect to trademark counterfeiting or copyright piracy comply with TRIPS requirements for application of criminal procedures and penalties.
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McKelvey, Steve, and Anita M. Moorman. "Bush-Whacked: A Legal Analysis of the Unauthorized Use of Sport Organizations’ Intellectual Property in Political Campaign Advertising." Journal of Sport Management 21, no. 1 (January 2007): 79–102. http://dx.doi.org/10.1123/jsm.21.1.79.
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Many 2004 presidential-election campaign advertisements were strategically targeted to appeal to viewers of sporting event telecasts. The Bush–Cheney campaign’s unauthorized use of the termOlympicin advertisements that aired throughout the 2004 Summer Olympic Games telecasts raised novel legal issues at the intersection of trademark law and constitutionally protected political speech. This article provides an analysis of the legal issues surrounding the Bush–Cheney campaign’s unauthorized use of the termOlympic. This article first examines the viability of trademark, unfair competition, and misappropriation-based claims potentially available to the United States Olympic Committee and other sport organizations. The article then examines some state-based regulations and case law regarding false and deceptive political campaign advertising that suggests a possible legal challenge to future political advertising campaigns that use sport organization trademarks without authorization. In addition to providing implications for sport managers, this article suggests that Congress may need to revisit latitudes afforded political speech to prevent a dangerous trend of political candidates’ misrepresenting their association with sport organizations.
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Ningsih, Ayup Suran. "SUSTAINIBILITY OF INDONESIA TRADEMARK LAW AS UMBRELLA LAW IN RESOLVING DOMAIN NAMES DISPUTE IN INDONESIA." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 32, no. 2 (October 15, 2020): 193. http://dx.doi.org/10.22146/jmh.49243.
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AbstractProtection regarding intellectual property in domain names becomes an important thing that must be considered by the domain name’s holder or user. Domain names are by character quite similar to trademarks since they serve as source indicators. This article is written to analyse the Suitability of Indonesia Trademarks Law as Umbrella Law in Resolving Domain Names Dispute in Indonesia. The methodology used in writing this article is normative legal research. Through the comprehensive discussion, it can be concluded that Indonesia trademark law is not suitable to resolve domain name dispute in Indonesia. A domain name is different from a mark based on Indonesia Trademark Law. IntisariPerlindungan terkait kekayaan intelektual dalam nama domain menjadi hal penting yang harus dipertimbangkan oleh pemegang atau pengguna nama domain. Nama domain secara karakter sangat mirip dengan merek dagang karena mereka berfungsi sebagai indikator sumber. Artikel ini bertujuan untuk menganalisis Kesesuaian Hukum Merek Dagang Indonesia sebagai Hukum Payung dalam Menyelesaikan Sengketa Nama Domain di Indonesia. Metodologi yang digunakan dalam penulisan artikel ini adalah penelitian hukum normatif. Melalui pembahasan yang komprehensif dapat disimpulkan bahwa hukum merek dagang Indonesia tidak cocok untuk menyelesaikan perselisihan nama domain di Indonesia. Nama domain berbeda dengan tanda yang diatur pada UU Merek Dagang Indonesia.
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Wijaya, Wilson, and Christine S. T. Kansil. "ANALISIS KEKUATAN UNSUR ITIKAD BAIK PADA PELAKSANAAN PENDAFTARAN MEREK DI INDONESIA (Studi Kasus Putusan Mahkamah Agung Nomor 364K/Pdt.Sus-HKI/2014) BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016." Jurnal Hukum Adigama 1, no. 1 (July 23, 2018): 937. http://dx.doi.org/10.24912/adigama.v1i1.2181.
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Brand is one part of intellectual property rights. Brand is an identifying mark that distinguishes one's property with another's property. However, there are many parties who have bad faith and want to be a part of other people brand’s fame. So they use the same brand name in order to make the goods produced is well-known. Brand is regulated in law number 20 2016 about brand and Geographical Indication. Therefore we need to register our brand to avoid the parties who have bad faith. The authors want to discuss the issue of the strength of good faith element in the registration of trademarks in the implementation of registration in Indonesia and also the protection for brand holders whose registration are rejected in Indonesia. Author will use normative method and refer to scientific books. The strength of good faith element in registering can be seen in Article 4 of the Trademark and Geographical Indications. For protection, brand holder can register it in advance, if it has been approve, the brand holder can submit claim cancelation that regulated in Article 77 to the Central Jakarta District Court to be reviewed and decided who the trademark is and be prove who has the element of bad faith. It is suggested that the original trademark owner's to register their trademark at brand office Indonesia. For foreign trademark owner, they can also improve their trademark to be a well-known brand.
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Kunoy, Bjørn. "What's in a name that which we call a rose by any other name would smell as sweet? Reflections on ECJ's Trade Mark Case Law." German Law Journal 8, no. 6 (June 1, 2007): 635–55. http://dx.doi.org/10.1017/s2071832200005824.
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Shakespeare's famed citation “What's in a name? That which we call a rose by any other name would smell as sweet” may be one of the most used quotations in contemporary literature. It serves to provide guidance in reviewing ones assessment of new perspectives on a given topic. The implications of the quotation induce the reader to feel concordant with the assumption that whatever name a given phenomenon is accorded, it is of little importance because the objects are similar and hence there is no reason to emphasise a peripheral and meaningless concept such as a name and the idea which it embraces. By contrast, intellectual property rights, and therein trademark law, is conceptually based on the assumption that a verbal mark, figure or colour of a given good or service need to be protected since these immaterial notions give rise to patrimonial rights conferred to the owner of the registered trademark. A well known slogan or figurative mark is capable of having significant commercial value as demonstrated in the recent dispute between Apple and Cisco concerning the right of the former to use the trademark iPhone. However, it is important to note that the essential raison d'ětre of trademark law is not only to confer patrimonial rights to a legal or natural person and thus prevent an abusive use by a third party, but essentially to guarantee the origin of goods or services to the consumer and hence enable him, without any danger of confusion, to distinguish the goods or services from others which have another origin. Having said that it should also be noted that traditional trademark theory is perceived on the assumption that trademarks serve to minimize the likelihood of consumer confusion and prohibits the use of a trademark with regard to competing or similar goods only. However the “dilution theory” challenges this approach to trademark law as it also disseminates the postulate to prohibit the use of certain famous and/or characteristic trademarks on non-competing goods on the ground that such use dilutes and possibly erodes a given trademark's commercial value and its hold on the consumer.
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Hoenig, Lisa. "Patent, Copyright and Trademark: A Desk Reference to Intellectual Property Law." Journal of Government Information 24, no. 1 (January 1997): 63–64. http://dx.doi.org/10.1016/s1352-0237(97)85479-2.
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Cantika, Delila Pritaria. "Pembatalan Hak Merek Yang Telah Dijadikan Jaminan Fidusia." Jurnal Yuridis 5, no. 1 (August 2, 2018): 1. http://dx.doi.org/10.35586/.v5i1.314.
Full textAbstract:
Trademark as a part of intellectual property rights in essence is a sign to identify and distinguishing a product that made by a company with other products in the market. Trademark must be registered to gain a legal recourse in the form of Rights Over Trademark. However a registered trademark can still be nullified, based on a certain adequate evidence the registered trademark cannot fulfilled the absolute grounds or relative grounds. In furtherance, nowadays trademark legally feasible to be registered as a collateral. And as for the most accurate form of the collateral itself according to the law shall be registered fiduciary guaranty.
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Slane, Andrea. "Guarding a Cultural Icon: Concurrent Intellectual Property Regimes and the Perpetual Protection of Anne of Green Gables in Canada." McGill Law Journal 56, no. 4 (September 13, 2011): 1011–55. http://dx.doi.org/10.7202/1005851ar.
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This article uses the various intellectual property protections afforded to the classic children’s novel Anne of Green Gables as a means of illustrating the blurring between copyright, trademark, and official marks regimes in Canada. By not keeping these regimes distinct, the author argues, Canadian intellectual property law seriously threatens the integrity of the public domain, a central means by which an appropriate balance is struck between the interests of authors, other cultural producers, and the public at large. The blurring between regimes is located in three conceptual sites: origin in copyright versus source in trademark; reputation in copyright versus goodwill in trademark; and the weak requirement that a public authority serve a "public benefit" in order to qualify for official marks protection, without any consideration of the public interest served by the limitations on protections built into the other intellectual property regimes. Reinforcing the distinctions between regimes and clarifying the public benefit requirement for official marks would help protect the public domain from unjustified encroachments that potentially deprive us of access to creative works of shared cultural significance.
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Berlianty, Teng, Agustina Balik, and Triska Demmatacco. "Pentingnya Penggunaan Merek Untuk Produk Makanan Ringan (Keripik) Bagi Masyarakat." Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI 5, no. 1 (May 31, 2022): 50–58. http://dx.doi.org/10.15294/jphi.v5i1.50423.
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The use of brands on the packaging of snack products (chips) to mark the product, as a means of promotion, to show the quality of the product and the origin of the product. Legal counseling on trademarks was delivered by a lecturer in the civil section of the Unpatti Faculty of Law to the Wotay Village community as an effort to provide education on the importance of using brands. In addition, using a mark provides guarantees of legal protection for business actors/mark owners through online trademark registration at the Ministry of Law and Human Rights, Directorate General of Intellectual Property Rights.
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Supeno, Supeno. "Hak Cipta dalam Perspektif Hukum Islam." Wajah Hukum 2, no. 1 (May 31, 2018): 125. http://dx.doi.org/10.33087/wjh.v2i1.32.
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Intellectual property (HKI) is one of the rights that have been getting protection by law in Indonesia, there are some regulations that govern on rights that are included in the scope of intellectual kekayan as copyrights, patent rights, trademark rights, trade secret rights and so on. To know more deeply is how copyright in the perspective of Islamic law because Indonesia as the country's largest Islamic religion will greatly affect the understanding and awareness of the importance of the protection of the population of Indonesia against intellectual property.
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Madi, Ramzi. "An Overview of the Protection of Three-Dimensional Objects in Jordan: The Possibility of overlap between Trademarks Law and Industrial Designs and Industrial Models Law." Business Law Review 31, Issue 4 (April 1, 2010): 82–94. http://dx.doi.org/10.54648/bula2010017.
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Many manufacturers invest large amounts of money in creating and promoting three-dimensional objects (TDOs) for their products because the appearance of the product plays a significant role in its recognition them by buyers compared to the product names and logos. It is arguable as to whether TDOs are registrable in Jordan as three-dimensional marks (3D trademarks) and would therefore be protected under Trademarks Law No. 34, 1999 and its amendments, and/or protected under Industrial Designs and Industrial Models Law No. 14, 2000. Jordan amended Trademark Law No. 33, 1952 by the Trademark Law, No. 34, 1999 and repealed Patents and Designs Law No. 33, 1953, and enacted Industrial Designs and Industrial Models Law No. 14, 2000, in compliance with Article 25 (2) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), which states: ‘Members shall be free to meet this obligation through industrial design law or through copyright law’. However, according to Article (1) of TRIPS, ‘Members may, but shall not be obliged to, implement in their law more extensive protection than what is required by this Agreement, provided that such protection does not contravene the provisions of this Agreement.’ Unfortunately, TRIPS does not expressly mention three-dimensional trademarks in Article (15) or in any other Article, nor examined their connection with industrial designs.