Penafsiran Restriktif Dan Pembuktian Unsur Digunakan Dalam Gugatan Penghapusan Merek

Ardyo, Bebeto and Setiawan, Peter Jeremiah (2024) Penafsiran Restriktif Dan Pembuktian Unsur Digunakan Dalam Gugatan Penghapusan Merek. Jurnal Interpretasi Hukum (JPH), 5 (1). pp. 776-785. ISSN 2746-5047; E-ISSN 2809-977X

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Abstract

The aim of writing this article is to propose a new approach to the interpretation and proof of the "use" element that can be used by courts in relation to lawsuits regarding the removal of trademark rights. The writing problem arises from the various decisions of the Indonesian Court which apply interpretations and evidentiary standards to fulfill the "use" element. This article applies a comparative method of legal provisions from the United States and the European Union as jurisdictions with more comprehensive regulations regarding the removal of trademark rights. A problematic analysis of the decisions of the Indonesian Court and a comparison of the provisions of several jurisdictions resulted in the finding that a restrictive interpretation should narrow the element of "use" in a claim for trademark removal as actual use of the mark, including but not limited to use in commerce (genuine use in commerce) which is based on the principle of bona fide use. The mark is interpreted as still being used if the goods and/or services related to the mark are actually still being produced, actually being traded, and in good faith on the part of the brand owner or producer to promote or cultivate the brand in order to maintain the rights to the brand owned. In order to prove this interpretation, the parties to the dispute should be able to prove their claims and objections based on evidence from independent survey service institutions.

Item Type:	Article
Uncontrolled Keywords:	Restrictive Interpretation, Lawsuits, Trademarks
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	BEBETO ARDYO
Date Deposited:	08 Jan 2024 02:59
Last Modified:	09 Jan 2024 06:03
URI:	http://repository.ubaya.ac.id/id/eprint/45622

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