OVERLAPPING PERLINDUNGAN HUKUM SEBAGAI UPAYA PENCEGAHAN TINDAKAN PASSING OFF

Wuryadi, Bernardus Septian Krisna Dwi (2014) OVERLAPPING PERLINDUNGAN HUKUM SEBAGAI UPAYA PENCEGAHAN TINDAKAN PASSING OFF. Jurnal Ilmu Hukum. pp. 1-16.

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Abstract

This research is “ Overlapping Law Protection as the Effort Prevention of Passing Off ”. The used of mark which similar to others and the same used as those, it causes improper perceptionhighly emerge for people. The mark violation is usually called passing off. The formulation discusses, can the mark legal provision prevent the passing off and what kind of efforts do by the Indonesian licensees to solve that. The aim of this is to explore the efficiency of legal protection where here the packaging design licensee protection should be filled by the design industry protection so that the well-known marks protection can be applied effectively by Indonesian legislation. Based on thelaw research analysis using juridical normative approach, which is according to correspondence research of law secondary data. The mark legislation only sets the mark etiquette protection, whereas those integrated to design packaging that there is no protection on mark legislation. That’s why an effort can be done is the mark registration should enclose and support by there is packaging design registration of a mark also area registration design industry regulated by the legislation of No. 31 Year 2000, design industry.

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