Kedudukan Hak Atas Merek Jika Terjadi Perceraian Dalam Suatu Perkawinan

Nicholaus, Nicholaus (2020) Kedudukan Hak Atas Merek Jika Terjadi Perceraian Dalam Suatu Perkawinan. Jurnal Magister Hukum ARGUMENTUM, 7 (2). ISSN 2715-7709 (Submitted)

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Abstract

To distinguish one item from another, the item contains "marks" on the goods made with words, numbers, drawings, symbols or colors to provide the manufacturer with identification. The purpose of the "sign" is first as information to find out who the author is, then to avoid a dispute about who the manufacturer is and ultimately to show the consumer the quality of the item. These "marks" are known as trademarks. In the era of globalization, trademarks as news delivery communications become a valuable business asset and as a means of protection against fraudulent and fraudulent competition, including production counterfeiting and dissemination. Protection of the Right to Brand in Indonesia is the existence of the Law on Trademark No. 15 of 2001 and amended by Law No. 20 of 2016 on Brands and Geographical Indications. The right of the mark (merken recht), may be categorized as an intangible moving object of rights, in this case including as a perfect material right which can only be owned by a registered person and its name contained in the General Register of Marks as well as the Right to Brand arising from the registration of the mark The right to the mark, as defined in Article 1 point 5 of the Trademark Law. With the existence of this exclusive right, the person whose name is registered in the general register of the mark is the owner of the mark, no other party may use the right without the permission of the holder of the trademark. So if in a marriage, the husband or the wife registers the mark on a product, then on the basis of an exclusive right, then the entitled to the mark is a husband or wife whose name is listed in the general register of the mark. With this exclusive right, the person whose name is registered in The general listing of brands is the owner of the mark, no other party may use such rights without the permission of the rights holder. So if in a marriage, the husband or the wife registers the mark of a product, then under exclusive rights, then the entitled to the mark is a husband or wife whose name is listed in the general list of brands. Thus a Right to a Mark in the event of divorce is categorized as a loot instead of a joint property.

Item Type:	Article
Uncontrolled Keywords:	Right to a Mark, Marriage, Seperate property
Subjects:	K Law > K Law (General)
Divisions:	Postgraduate Programs > Master Program in Law
Depositing User:	Ester Sri W. 196039
Date Deposited:	17 Dec 2021 07:40
Last Modified:	17 Dec 2021 07:40
URI:	http://repository.ubaya.ac.id/id/eprint/40837

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