KEDUDUKAN MEREK DAGANG DALAM PERUSAHAAN YANG DIKENAI PUTUSAN PAILIT PENGADILAN NIAGA

Sagarmatha, Billy Don (2024) KEDUDUKAN MEREK DAGANG DALAM PERUSAHAAN YANG DIKENAI PUTUSAN PAILIT PENGADILAN NIAGA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

in liue with legal developmeuts in Indonesia, intellectual Property Rights in the form of Trademarks are company assets that have economic value and can be categorized as intaugible objects or wealth. From the description of the statement above, when a company goes bankrupt, a company's trademark can be withdrawn into the baukrupt's assets (boedel) in the bankruptcy process. The position of a trademark in a commercial court bankruptcy decision must have a position that is justified by the applicable laws and regulatious. Apart from that, the problem that arises is tha tradernark valuation, in this case, must have a clear valuation. However, in practic there is no special institutio11 that has the authority lo evaluate trademarks. Thi research aims to aualyze these problems. The formulation of the problem raised i what is the position of trademarks in companies subject to bankruptcy decisions b the commercial court and the mechanism for resolving trademarks that are mad bankrupt (boedel) in bankruptcy. This research is normative research with the dat source used as a literature study. This research uses a juridical or statuto, approach. Based on the research results, it was found that the trademark has position as part of the bankruptcy company which is one unit with other bankntptc companies. In a bankruptcy confiscation, the brand becomes a single bankrup boedel, in the settlement carried out by the auction curator it can be done enbloc bu the handover cannot be done enbloc.

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