ULFAH
RIZKY .M (461 10 031)
YULRIANI
SAMBARA (461 10 017)
ARMANS
(461 10 050 )
CLASS 3B D4
ACCOUNTING DEPARTMENT
STATE POLYTECHNIC OF UJUNG PANDANG
2011-2012
CHAPTER I
INTRODUCTION
1.1.
BACKGROUND OF THE PROBLEM
Quality
of IPR protection in the country, very influential on the fast development of
national economy. Brand is one of the IPR field that serves as a vital
component in the nature of trade in goods and services. Brand also assets that
have value added (value added) specifically for businesses. Through the brand
is a product of goods and services to be recognized by the consumer and
business continuity is maintained.
Brand
is something (picture or name) that can be used to identify the specific
products or companies in the market. Operators usually try to prevent others
using their trademark to use the trademark for the merchant acquiring a good
reputation and the trust of consumers and be able to establish a relationship
between the brand reputation queries that have been used routinely enterprises.
All of this of course requires a sacrifice of time, energy and money.
The
term brand has been known since 1912, ie at the time of Dutch rule in Indonesia
as stipulated in the 1912 Eigendom Industrieele Reglemen loaded in Staatblat
1912 jo. Staatblat 1913 Number 214. Reglemen is replaced by Law No. 21 of 1961
on Trademarks. Next, Law No. 21 of 1961 on Trademarks is replaced by Law No. 19
of 1992 on Trademarks, as amended by Law No. 14 of 1997 concerning Amendment to
the Law No. 19 of 1992 on Trademarks.
Indonesia
currently has the latest trademark laws namely Law No. 15 of 2001 promulgated
on 1 August 2001 was in line with the Convention on Formation diratifikasinya
World Trade Organization (WTO). This law replaced Law No. 19 of 1992 on
Trademarks, as amended by Law No. 14 of 1997 concerning Amendment to the Law
No. 19 of 1992 on Trademarks.
After the law took place, the government shall
immediately take action reform in each case relating to the brand. This is to
provide services to the farmers or merchants so in developing a business, they
obtain legal protection for energy, thoughts, time and cost they have to
sacrifice in order to build a reputable brand enterprises in existence. The
availability of brand arrangements are expected to prevent unfair competition.
By brand, product type goods or services can be distinguished muasalnya origin,
quality, and assuredness that the original product. It is stipulated in the
konsiderans Law Number 15 Year 2001 concerning a particular consider the Brand
that reads:
"That
in the era of global trade, in line with international konvensikonvensi
Indonesia has ratified, Brand became very important role, especially in
maintaining a healthy competition;"
Brand
should have distinguishing elements (capable of distinguishing) for trademark
registration is linking the granting monopolies in the name or symbol (or other
forms). That has its distinguishing, brands should be able to give the determination
of the relevant goods or services. The law office around the world refused to
give performers the exclusive right of a trade mark. This refusal caused the
grant of exclusive rights in question would hinder others to use the trademark.
Therefore, a brand must be able to distinguish the goods or services of the
trade perpetrator of trading goods or services other actors in the same field.
Article
3 of Law No. 15 of 2001 on Trademarks mentioned that the trademark right is an
exclusive right granted by the State to the owner of the registered trademark
in the General Register of Trademarks for a period of time by using their own
brand may or grant permission to others to use. In contrast to copyright,
trademark should be registered in advance in the General Register of
Trademarks.
That
each producer or entrepreneur or merchant has guaranteed legal protection of
trademark rights on merchandise, Law Number 15 Year 2001 concerning the
compulsory trademark is registered trademark. With brand new enrollment as
defined in Article 3 of Law, the trademark holder will then acknowledge the
trademark ownership of trading products. This is consistent with the principles
espoused by Brand Indonesian law, which is the first to file principle, not
first come, first out principle. Based on these principles, a person who wants
to own the rights to any brand should do the registration on the brand in
question.
The
object of such marks are the works of a person purporting to sign, good
writing, pictures, text and picture combination that was created with the aim
to distinguish the goods of one another but that kind. Brand serves as an
identification to differentiate the production results generated person or
persons jointly or a legal entity with the production of others or other
regulatory body; as a promotional tool to promote their products enough to
mention his brand; as a guarantee for the quality of his goods; shows the
origin of the goods or services produced.
Brand
is constructed as one piece of Ownership Industry (Industrial Property Rights)
of its organization in jurisprudence and law cited Intellectual Property Rights
(IPR). Intellectual Property Rights (IPR) covers an area of law in charge of
juridical rights of the works or speeches if the result of human thought. Areas
covered Intellectual Property Rights (IPR) is quite broad, including all
intellectual property consisting of copyright (copyright) that consists of
inventions, literature, art, and science and industrial property (industrial
property right) that consists of patents, trademarks, industrial designs, trade
secrets, and integrated power network design.
Brand
is very important in the world of advertising and marketing because the public
often associate an image, quality and reputation of the goods and services with
a particular brand. A trademark can be a very valuable wealth commercially.
Brand of an enterprise is often more valuable than the real assets of the
enterprise.
Brand
is also useful for the consumer. They buy a particular product (which can be seen
from a trademark) because according to them, is a high-quality brand or safe
for consumption due to the reputation of the brand. If a company uses another
company brand, the consumer may feel cheated because you have to buy products
with lower quality.
White
Horse as a brand name has a long history of ceramic tiles by consumers in
Indonesia but the authority holding the brand, still the Business Judgment
conflicts in Jakarta for two players or a legal entity that is different
between Indonesia's PT White Horse White Horse Ceramic Ceramic Co. Ltd. of
Taiwan was equally claim ownership White Horse brand.
This
should give rise to confusion for consumers in Indonesia, particularly consumer
ceramics because the two products together circulating in Indonesia but have
different qualities and ultimately to the detriment of one of the producers and
consumers.
There
is some factor behind these controversial cases eligible for adoption in the
manufacturing of paper. Similarly, a number of factors into consideration to
one of the enterprises over the right to use the trademark White Horse
accordance with the provisions of applicable law.
Tersebutlah
problems that will lift the material authors of paper writing course to fulfill
the law in particular business law topic discussion Intellectual Property
Rights (IP) at the State Polytechnic Ujung Pandang. Therefore, the author will
do the writing paper with the title "Dispute Brand White Horse"
1.2.
SUMMARY OF THE PROBLEM
Based
on the things that have been set forth above, then the problem in this thesis
is as follows:
1.
Which party actually entitled to use the trademark "White Horse"
based on the Law of Republic of Indonesia Number 15 of 2001?
2.
What damage can be caused from plagiatism behavior of operators holding a real
brand right?
3.
What sanctions should be applied for the good not proven beritikad trademark
registration?
4.
How operators and government efforts in preventing cases of IPR infringement?
1.3.
PURPOSE OF WRITING
The
purpose of writing this paper is as follows:
1.
To find out which party actually entitled to use the trademark "White
Horse" based on Indonesian Law Number 15 Year 2001.
2.
To know that losses arising from the behavior of operators holding plagiatism
trademark rights are indeed?
3.
To know that sanctions should be applied to prove the bad beritikad in
trademark registration.
4.
To find operators and government efforts in preventing cases of IPR
infringement.
CHAPTER II
DISCUSSION
2.1.
LITERATURE REVIEW
2.1.1.
Intellectual Property Rights
Intellectual
Property Rights (IP) is a right arising as a result if the brain thought to
produce a product or process that is useful to humans. IP is an object of the
works that arise or born as human intellectual ability.
IP
profess some legal systems as follows:
a.
Private rights (private right);
b.
Exclusive rights granted to a performer IP Country;
c.
Documentation systems support human creativity.
In this regard, policy-based IP law in
Indonesia which consists of international agreements and the National Law,
namely
a.
International agreements
1)
of the Berne Convention on Copyright 1883;
2)
The 1886 Paris Convention on Patents, Trademarks, and Industrial Design;
3)
of the TRIPS Agreement (Agreement on Trade Related Aspects of Intellectual
Property Rights)-WTO in 1994.
b.
Law of the Republic of Indonesia
1)
of Law no. 30/2000 on Trade secret;
2)
of Law no. 31/2000 on Industrial Design;
3)
Law. 32/2000 on Integrated Circuits Layout Design;
4)
of Law no. 14/2001 on Patents;
5)
of Law no. 15/2001 on Trademarks;
6)
of Law no. 19/2002 on Copyright.
Now
the outline of each object type Intellectual Property Rights is as follows:
a)
Copyright: art, literature & knowledge;
b)
Patents: Invention technology;
c)
Brand: symbols commerce goods and services;
d)
Industrial Design: appearance of the product;
e)
Integrated Circuit Layout Design: IC design layout network;
f)
Trade secret: the economic worth of confidential information.
2.1.2.
Brand arrangements in Intellectual Property Rights
Intellectual
property rights are the works arising or birth because men can be
intelektualita works in the field of technology or science, art, and literature
produced by man through his intellectual capabilities (innovation, creativity,
taste, and intention).
Article
1 and 2 Trade Related Aspects of Intellectual Property Rights
(TRIPS)
states that protected intellectual property consists of two
(2) a
large part, that:
1.
Copyright (copyright) and rights related to copyright (related rights);
2.
Industrial ownership (Industrial Property Rights) consisting of:
a.
Patent (patent), moderate patent (utility rights);
b.
Trademarks (trademarks);
c.
Industrial design (industrial design);
d. Trade
secrets (undisclosed information including trade secrets);
e.
Integrated power network design (layout design of integrated circuits).
Intellectual
works should be protected because these works are born with the power of
sacrifice, time, and cost. The works have a 'value', particularly in the
economic field, which in turn can be an asset of enterprises.
Indonesia
officially has entered the globalization of trade with the enactment of the
Convention Establishing the World Trade Organization (WTO Convention) included
therein Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS Agreement). It was followed by ratification of Law No. 7 of 1994 on the
Confirmation Agreement or the formation of the World Trade Organization
Agreement Establishing the WTO. In these conventions be agreement on trade
aspects of Intellectual Property Rights (IPR) set forth in TRIPS. Article 7 of
the Law states that the protection and enforcement of Intellectual Property
Rights Law (IPR) seeks to encourage arise and spread of innovation, removal,
and the spread of economic benefits to the nations of the world.
Intellectual
Property Rights (IPR) separated from the ownership of the tangible things.
Intellectual Property Rights (IPR) is a private wealth must be purchased and
removed including sold and licensed to others. In this case, the brand is part
of Intellectual Property Rights (IPR), which is one personal wealth and
protected by law.
2.1.3.
Developments in the Law of Trademarks in Indonesia
Arrangements
trademark law in Indonesia has been around since the time of the Dutch East
Indies Government as outlined in règlement Industriele Eigendom (Reglemen
Industrial Property) with No. 545 S.1912. Reglemen only consists of 27 articles
that were duplicates Law Trademarks Netherlands (Merkenwet).
On
5 August 1984, Indonesia ratified the Convention on the Paris version of London
or London Act 1984, commonly known as the London version of the Paris Union. As
a result, Indonesia should accept and recognize a variety of conditions,
especially regarding the rights of protection against foreign brands to enter
Indonesia based on "the right of equal treatment" or "the right
of the SAME treatment" and the principle of "priority right" or
"priority right".
Indonesia
began forming trademark law in 1961 namely Law No. 21 of 1961 on Trademarks and
Brand Business Enterprise (also called the Law of Trademarks). Trademark law is
the successor of the new reform of the Law of Trademarks and arranged in
Reglemen. Consideration birth of Law No. 21 of 1961 on Trademarks is to protect
the public from counterfeit goods that put a brand that already knew the brand
quality goods well. In addition, Law No. 21 of 1961 on Trademarks also protect
the wearer's means first of a brand in Indonesia. Law No. 21 of 1961
pengolongan identify the goods in class 35 which is in line with international
classification based on the consent of trademark registration in Nice, France
in 1957 that changed in Stockholm in 1961 with adaptation condition in
Indonesia.
On
28 August 1992 promulgation of Law No. 19 of 1992 on Trademarks that is
effective on April 1, 1993. Law No. 19 of 1992 on Trademarks and renew replaces
Law No. 21 of 1961 on Trademarks. To follow the occurrence of Law Number 19
Year 1992 regarding the Brand It was made various administrative decision
letter associated with trademark registration procedures. Regarding the
importance of trademark law reform, Indonesia has also ratified the Treaty and
International Marks World Intellectual Property Organization (WIPO).
In
1997, Law No. 19 of 1992 on Trademarks modified by Law No. 14 of 1997
concerning Amendment to the Law No. 19 of 1992 on Trademarks. This change is
done by considering the articles of the International Agreement on Aspects of
Trade Associated with Intellectual Property Rights (TRIPS - GATT). Law No. 14
of 1997 determines that the user is the first brand in Indonesia entitled to
register as a trademark brand.
Arrangements
of the latest brand conditions set forth in Law No. 15 of 2001 on Trademarks
are effective as of the 1st August 2001 until the changes are made entirely in
the regulation of conditions of the previous mark. Its purpose is to anticipate
the development of information technology and transportation support activities
in the sector has been increasing rapidly trade, maintaining a healthy business
competition climate, as well as cover some aspects of the TRIPS Agreement are
not currently included in Law No. 14 of 1997 on Trademarks.
In
the 'weigh' in Law No. 15 of 2001 on Trademarks, there are three (3) things
into consideration dibentuknya policy that is as follows.
a. That
in the era of global trade, in line with international conventions that have
been ratified Indonesia, Brand became very important role, especially in
maintaining a healthy competition;
b. that
for the above case required an adequate arrangement of Brand and give the
improvement of community services;
c. based
on the consideration that the letters a and b, as well as attention to the
experience in implementing the Law of Trademarks that are available, as needed
to replace Law No. 19 of 1992 on Trademarks, as amended by Law No. 14 of 1997
concerning Amendment to the Law No. 19 of 1992 on Trademarks.
The
third policy consideration expressed an Trademarks Law (Law No. 15 of 2001)
which cover the breadth of its organization thus replaces the old trademark
law. In this case, the terms are not changed poured in Law No. 15 of 2001 on
Trademarks.
2.1.4.
Brand Meaning
Article
1 of Law No. 15 of 2001 on Trademarks mentioned:
"Brand
is the mark of an image, a name, word, letters, figures, arrangement of colors,
or a combination of these elements that have the force and used in
distinguishing goods or services of the commercial activities."
Indonesian
Wikipedia trademark or trademark of deciphering as follows.
"Brands
or trademarks used are distinguishing mark of a business entity as a marker of
identity and the products it produces goods or services to consumers and to
differentiate these efforts or produce goods or services from another business
entity. Brand is a wealth of industry, that includes intellectual property. Conventional,
brand can be a name, word, phrase, logo, symbol, design, image or combination
of two or more of these. "
Brand
is the identity of a product that provides a classification of the product with
other products of its kind. Brand identity is a unique set of brand
associations that are created by the compiler brand strategy.
So the
brand or trademark of a sign in the form of pictures, names, words, letters,
figures, arrangement of colors, or a combination of such elements as the
identity of a product (including scope, attribute, quality, and utilization) to
consumers which has its distinguishing, that distinguishes a product produced
goods or services of the other party to the other (competing) with the criteria
in it. The brand eventually become assets of an enterprise and is one part of
the intellectual property rights protected by law.
Meaning
of trademark rights in accordance with Article 3 of Law No. 15 Year 2001 on
Trademarks is an exclusive right granted by the State to the registered
trademark owner in the General Register of Trademarks for a period of time by
using their own brand may or grant permission to others to use. What is meant
by the parties in this article are is a person, some people together or a legal
entity, unless expressly stated. This can be seen in the explanation of Article
3 of Law No. 15 Year 2001 on Trademarks, which reads: "Except as expressly
stated otherwise, does the in this article and subsequent articles of the law
in this is a person, some people together or body the law. "
The
exclusive right granted functions as a monopoly until there is absolute rights
on trademark owners and can be defended against any party. Besides the
trademark rights are only granted to the trademark owner beritikad so well that
another person or other legal entity, can not use the trademark without
permission. So, with the registration of a new good or service mark rights
created for the brand, that is an exclusive right that means no one else can
wear the same mark for similar types of goods.
A
trademark may be called upon to meet the requirements specified in the law that
occurred trademark registration and application made by brand owners who
beritikad good. Therefore, aspects of permanent legal protection given to those
who beritikad good.
The
trademark owner is applying for registration of the trademark. They can be:
a.
People (person) or individual;
b. Body
of law (recht person) or
c. Some
person or body of law (common ownership or collective mark).
There
are several terms in the brand, among others, as follows:
a.
Trademarks are the marks used on goods traded by a person or persons jointly or
a legal entity to differentiate with other similar items.
b. Brand
Services is a service mark used on trafficked by a person or persons jointly or
a legal entity to differentiate with other similar deeds.
c.
Collective brand is the brand used on goods or services with the same
characteristics of trafficked by some person or body of law together to
differentiate with other similar items.
d.
Trademark rights are special rights granted by the state to the registered
trademark owner in general registers trademark for a period of time using the
own brand, or to grant permission to a person or persons jointly or a legal
entity to use.
2.1.5.
Brand terms and conditions in good faith
Absolute
requirement thus become a key feature of a brand is a must have enough power
for distinguishing very important role in brand identify or provide a product
feature on the goods or services originate from a specific manufacturer and to
distinguish the goods or services of a particular product with a product other
goods or services of some sort. Absolute requirement that a brand should have
its distinguishing must be met by each person or legal entity that would like
to wear a brand so that the brand can be accepted and used as a trademark or
registered trademark.
Trademark
protection will not run effectively when a brand does not have the
distinguishing marks of others. A brand must have its distinguishing mark for
registration in connection with the grant of a monopoly on the name or symbol
or other forms. The law office refuses worldwide exclusive rights for a brand
to actors because granting exclusive rights in question would hinder others to
use the trademark. Brand that reflects the kind, quality, quantity, purpose,
value, geographical origin and can not be registered as a trademark.
Registered
trademark can not be pregnant when the mark is one of the elements below
(Article 5 and Article 5 Clarification of Law No. 15 Year 2001 on Trademarks).
1.
Contrary to the laws and regulations that happens, religious morality, decency
or public order. The question is when the use of such marks can offend,
decency, Securiy, or religious than the general public or from the relevant
community;
2. Do
not have a distinguishing power. Considered a sign of its distinguishing
features is too modest when signs such as one (1) or a dash (1) a dot, or too
complicated so it is not clear;
3.
Already in the public domain. One example of this brand is a sign of a skull
above two (2) crossbones, which is generally known as a sign of danger. Such
signs of a general nature and has been in the public domain and therefore could
not be used as a brand;
4.
Evidencing or relating to the goods or services which petitioned registration.
The issue is that the mark is associated or just mention petitioned the goods
or services of registration, such as brand 'Coffee' or image 'coffee' for this
type of coffee products.
Application
also must be rejected by the Directorate General on the mark (Article 6
paragraph (1) of Law No. 15 of 2001 on Trademarks with explanation) contains
the following elements.
1.
"Having an overall similarity with the brand principal or other parties
who have registered in advance for goods and / or services of a kind."
What is meant by 'equality in the tree' is a semblance of due to the presence
of elements that stand between a single brand to brand the other, which can
cause a similar effect on the form of good, placement way, the way of writing
or a combination of the elements of sound or speech that there are similarities
in the merekmerek.
2.
"Having the equation would primarily or entirely with the already
well-known trademark owned by another party for goods and / or services of a
kind".
3.
"Having the equation would primarily or entirely with geographical
indications which are well known."
2.2.
ANALYSIS PROBLEM
2.2.1.
Actually parties the right to use the Marks "White Horse"
Based
on Article 1 of Law No. 15 of 2001 which states that the trademark of the brand
is a sign of an image, a name, word, letters, figures, arrangement of colors,
or a combination of these elements that have a distinguishing power and used in
activities trade in goods or services and that there is only one party the right
to use certain brand as the product identifier dipasarkannya Bk.
And also
in Law No. 15 of 2001 is also mentioned that the right to the protection of the
brands owned by dalah the trademark was first registered in the Directorate
General of Intellectual Property Rights and International coverage occurred in
making it possible to control the behavior of operators that do not cheat
pre-existing trademark.
Based
on these considerations are then compared to search and statements from various
parties regarding trademark cases tussle between the White Horse White Horse
Ceramic Indonesia Ceramic Co. Ltd. of Taiwan that the White Horse Ceramic Co.
Ltd has registered trademarks White Horse in Indonesia in 1997 with certificate
number brand 422 966 number dated February 10, 1999 for class 19 goods for
trademark registration and the extended and get a certificate dated 17 March
2008 has also done collaborations with MF Wahyunusa Carving between 2001-2002
to market its products in Indonesia, but in the end PT Wahyunusa Levers with
bad faith registered trademark without permission of the White Horse White
Horse Indonesia Taiwan with a logo similar to the Directorate General of
Intellectual Property Rights and get a certificate dated October 2, 2007 with
no distinguishing element between the brand because it is equally in the
category or class 19.
So White
Horse Taiwan first register more right to use the trademark White Horse White
Horse Taiwan and therefore also entitled to get protection from the Directorate
General of Intellectual Property Rights Protection.
2.2.2.
Losses result from Plagiatism Conduct Against Employers Who Holds the Right
Brand
Trademark
right holders in this White Horse Taiwan has suffered loss or potential loss
suffered in good faith or good reputation of his business. Good faith could
decline due to trade diversion from White Horse Indonesia as a result of the
mistaken notion of the WHI who created the false impression seems to ceramic
products which are produced and marketed by White Horse White Horse Taiwan or
Indonesia are the same or have the same character, but the quality and the
quality of their very different manufacturers.
White
horse Taiwan can also suffer losses through contamination of a confused
reputation assumptions on products from Indonesia mitigate the impact of White
Horse exclusive or reputation of White Horse Thai products, but the holder of
trademark right has the right of exclusive statements to get an impression of
the products it produces.
2.2.3.
The sanctions should Proven Applied For The Poor In Registration Beritikad
Brand
PT
White Horse Ceramic Indonesia is PT Wahyunusa previously beritikad bad Levers
with register marks "White Horse" in its name to the Directorate
General of Intellectual Property Rights, though they were aware that the mark
has previously been registered and is well known in 14 Countries, including
Indonesia and currently registered by White Horse Indonesia, the mark is still
in the period of protection by the Directorate General of Intellectual Property
Rights. On the basis that the mark of didaftarakan by PT White Horse Ceramic
Indonesia has similarity to the trademark owned principal White Horse Ceramic
Co. Ltd. and the equation ceramic mislead consumers, particularly in Indonesia
at the time of purchasing a product from PT White Horse Ceramic Indonesia.
Hence
the primary purpose of regulation is to protect the brand business and prevent
the people "rode" the reputation of a person or company then based on
Law No. 15 of 2001 Article 78 which states that a judge can order the White
Horse Ceramic PT Indonesia to stop the production, circulation and / or trading
of tiled using Brand "White Horse" is no good except in the case of
White Horse Ceramic PT Indonesia claimed also submit articles to use the Marks
without the White Horse on the right, the judge can order that the delivery of
goods or the goods is carried out after the verdict courts have permanent legal
force.
2.2.4.
Employers and government efforts in Preventing Case Against IPR Infringement
Reputation
or good faith in the business world is seen as a key to success or failure of
an enterprise dar. Many actors struggle to get and keep their reputation by
maintaining the quality of products and provide first class service to the
consumer. Among actors producing large amounts of money for advertising and
developing new products or maintain the reputation of the reputation of an
existing product.
To
keep his business reputation and order, commerce brand manufacturers should
register to the Directorate General of Intellectual Property Rights for
operators who own the trademark rights to exclusive coverage when obtaining
other parties that use the same brand without seizinnya, have the right to
report to the Court to go, but right was to appeal and protest as the others
want to register the same mark with it. In addition to ruling that the
Indonesian government to protect the people who have the reputation of the
party who wanted to "piggybacking" their success. Despite that
reputation is something that does not exist, the law was regarded as a valuable
asset that must be protected.
Other
applicable legal basis to implement the protection of the reputation of the
company in Indonesia, that is about 7 Consumer protection laws stating
"performer should do its work in good faith". When compared with
Australia, the law is directed to attempt passing off.
Passing
off is that safeguards competitors / other businesses can not use the
brand-marks, writings, finishes, effects or other indications that will encourage
buyers believe that the goods are sold they are produced by others.
CHAPTER III
CONCLUSION
3.2.
CONCLUSION
1. Based
on Law Number 15 Year 2001 concerning Marks explained that the holder has the
right to be protected by trademark law is the first time to register a
trademark, so in this case the White Horse Ceramic Co. Ltd which registered a
trademark in 1997 with certificate number brand number dated February 10, 1999
422 966 for 19 classes of goods the right to use the trademark "White Horse"
and the right to sue PT Indonesian Ceramic White Horse on the undesirability of
faith.
2.
Accordingly pendomplengan White Horse brand by PT Indonesia, the White Horse
Ceramic Co. Ltd. suffered or good potential losses in good faith as well as his
business reputation.
3. Hence
faith is not good, then the White Horse PT Indonesia threatened to get above
freezing purports to sanction a product that is tiled.
4. The
government has many operators and is able to protect its business reputation
that is not plowed by the parties that no responsibility as to the rights of
trademark registration and supervision and also perform passing off.
3.2.
ADVICE
Accordingly
brand plays an important role in world trade and in protecting the reputation
built by many companies, so as a student I would like to give advice that the
trademark law should be tightened again and for the authorities to grant
trademark rights or property rights other intellectual property in this
Directorate General of Intellectual Property Rights need to be more careful and
jelly for entrepreneurs who want to register a trademark in order to avoid
another prolonged conflict that ultimately hurt employers, consumers, and even
the dignity of the economy and national.
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Gautama,
Sudargo, and Winata, Rizawanto, 1997, the Law Reform trademark of Indonesia,
Bandung: PT Citra Aditya Bakti.
Hasan,
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State Polytechnic Ujung Pandang, Makassar, 2011.
Lindsey,
Tim, (eds.), 2002, the Intellectual Property Law - An Introduction, Bandung: PT
Alumni.
Riswandi,
Agus Budi and Syamsudin, M., 2004, Intellectual Property Rights and Legal
Culture, Jakarta: PT Persada King Grafindo.
Saidin,
H. OK, 2004, Legal Aspects of Intellectual Property Rights (Intellectual
Property Rights), Jakarta: PT Persada King Grafindo.
Tim
Asian Law Group, 2006, the Intellectual Property Rights (An Introduction) 5th
printing (with additions), Bandung: PT. ALUMNI.
ACADEMIC
JOURNAL:
Vonarya,
SH Based On Brand Protection Law Law Number 15 Year 2001 About Brand (Study
Against Special Food Products - Wingko tripe In Semarang)
Legislation
Law No.
15 Year 2001 on Trademarks
Consumer
Protection Law Article 7
INTERNET:
________,
2012, the White Horse White Horse Back threaten Taiwan (Internet),
(http://www.hukumonline.com/berita/baca/lt502482a41f5e9/white-horse-gugat-balik-white-horse-taiwan,
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2009, Understanding Brand (Internet), (http://www.dgip.go.id/memahami-merek, 20
December 2012).
________,
2009, Understanding Brand (Internet), (http://www.wikipediaindonesia.com,
accessed 20 December 2012).
________,
2009, Definition Brand (Internet), (http://www.jakartaconsulting.com/art-01-16.htm,
20 Dec 2012)
APPENDIX
WHITE
HORSE WHITE HORSE BACK jerk TAIWAN
Because
there are differences in the suit names and etiquette.
Kesliru
evaluated in view the name and label, White Horse Indonesia (WHI) back White
Horse threaten Taiwan (WHT). Strikes back post-WHI study done revocation
trademark lawsuit filed WHT.
WHI
parties get two fundamental differences in the filing of trademark cancellation
action lawsuit filed WHT, that of brand name and etiquette. It is unknown when
the new WHT repliknya filed on 26 July 2012.
WHT is
the core of the lawsuit replik cancellation mark on the tree based on the
similarity between the brand owned WHI White Horse Horse brand owned by WHT.
"The
new conference center known brand if they are not White Horse, but Horse. So,
there is a change of the core accusation, "said Fifi Maya Simamora Power
Law of Indonesia's PT White Horse Ceramic Transactions completed Judgment
conference in Jakarta, Thursday (9/8).
Now,
through duplik WHI, Thursday (9/8), lawsuit cancellation mark is attacked and
soundly opposed by the WHI. In duplik, the WHI say that White Horse brand owned
by WHI different brands owned WHT Horse.
White
Horse White Horse mean, whereas mean WHT owned horse products horse. Other
visible differences in terms of color combinations on the element logo. WHI
trademark logo consisting of a combination of green, white, and orange.
Meanwhile, Horse logo just black and white.
Further,
strongly rejected the WHI big name mendompleng WHT said. The initiative, the
trademark register in advance WHI White Horse to the Directorate General of IPR
on 24 September 1996. Meanwhile, the new WHT registered trademark Border White
Horse in IPR in 1997.
"Although
only registered in Indonesia, we are the first registrar, namely 1996. While
they, though registered in 14 countries, but newly registered after 1997. We
can see who beriktikad not good, "pungkas Fifi again.
So, in
rekonpensinya, Fifi ask the panel of judges to declare the WHI was the first
registrant on the trademark beriktikad good White Horse, White Horse cancel the
registration of the name brand WHT off March 17, 2008. Then state registrars
beriktikad WHT is not good, and refuse to wholly suit WHT because of a lawsuit
core changes. Further, Fifi also ask the panel of judges to judge and ordered
to stop all activities WHT production, distribution or marketing of ceramic
products by brand White Horse.
Responding
to this, the Power Law WHT, Victoria refused to comment, "Tomorrow's
all," said him over for the conference as he walked toward the stairs.
Previously,
WHT very convincing filed suit deregistration White Horse brand of certified
IDM000202660 number on May 11, 2009 in the name of White Horse Ceramic PT
Indonesia and on the White Horse brand and logo IDM000267885 number in the name
of the same company. The lawsuit filed on 5 June 2012 was used as the principal
similarities or whole.
According
to the WHT, White Horse Ceramic Co Ltd Taiwan is legitimate trademark holders
on this White Horse brand with a logo image on a white horse facing left, are
in the parallelogram-shaped box, with green colored background. Logo already
equipped with an array of white letters form words rang White Horse.
WHT has
been ceramic market in Taiwan since 1988 in a big way. However, in 1988, new
claimants Horse branded ceramic market only. This brand was immediately
registered in 1991 in Indonesia with a logo on a white horse facing left, are
in a box, a green background with white letters and order forms its sound
horse. Since then, WHT tiled export to Indonesia.
Later,
it was transformed into brand Horse White Horse brand to suit the name of a
legal entity WHT, that White Horse Ceramic Co. Ltddengan same logo. Except in
the wording to read White Horse. This new brand is already registered in
Indonesia in 1997 with certificate number 422 966 number mark off February 10,
1999 for class 19 goods. Trademark registration is already extended and get a
certificate dated 17 March 2008.
WHT for
smooth marketing products in Indonesia, even WHT collaboration with WHI in
1994. In the same work it is said that the WHT gives permission to use the
trademark WHI White Horsemilik WHT calculated from 23 August 2001 and ending on
30 June 2002. Result of this cooperation agreement, the WHI has learned there
is a body of law called White Horse Ceramic Co. Ltd, are ceramic brand White
Horse White Horse and discover famous brands have been registered for fourteen
countries. Furthermore, the WHI also only allowed to use the trademark White
Horse until 2002 only.
After
six successful years WHT markets its products in Indonesia, without the
permission of WHI enrolled WHT White Horse brand with a logo similar to the
Directorate General of Intellectual Property Rights and get a certificate dated
October 2, 2007. In fact, the WHI also also change the name of his company
became PT White Horse Ceramic Indonesia is PT Wahyunusa previously Carving with
certificate dated May 11, 2009 for class 19 goods.
This can
cause confusion and mislead the consumer society ceramics. Though the quality
and the quality of their very different manufacturers. "The act of the
defendant was so very embarrassing. Lowering Harkat / prestige Race and Nation
of Indonesia as one of the member countries of the WTO and WIPO agreed would
give appreciation or protection of intellectual property rights the
international community, "wrote Powers Law WHT gugatannya Victoria in
bundles.
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