PERLINDUNGAN HUKUM MEREK DARI CYBERSQUATTING

Hartono, Alfred Nobel Sugio (2013) PERLINDUNGAN HUKUM MEREK DARI CYBERSQUATTING. S2 thesis, UAJY.

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Abstract

Trademark is a distinctive sign used in trade in goods and services. In the current era of globalization is the use of information technology is growing rapidly, causing the occurrence of acts of piracy brand through a virtual world called cybersquatting or domain name squatting. Cybersquatting actions cause harm to the original brand owners need certainty and legal protection amid legal vacuum regulating cybersquatting action in Indonesia.This research is a kind of research using normative juridical approach legislation. This research was conducted with the objective of identifying, analyzing and evaluating forms of legal protection of brands from cybersquatting action in Indonesia, and to identify, analyze and evaluate efforts to improve the legal protection of brands from cybersquatting action in Indonesia.The results of this study indicate that 1). Legal protection of brands from cybersquatting law in Indonesia is still not regulated explicitly in legislation in Indonesia, both in the law that governed the brand in Law Number 15 Year 2001 on Trademarks, the Code of Criminal Code (Code) , and Act No. 8 of 1999 on Consumer Protection, 2). Efforts to improve the legal protection of the brand in Indonesia from cybersquatting action has been carried out by the Indonesian government through the delegation of authority to the PANDI (Domain Name Management Indonesia). PANDI provides the requirements for creating a domain name with a naming guidelines include a requirement that domain, a domain naming must comply with the provisions and requirements of the Brand name / Trade mark Name / Name Copyright / IP other is related to the Domain Name brand / trade mark / copyright / other Intellectual Property Rights of the Registrant / entity-business / agency / organization that supported / evidenced by certificates of brand / trade-mark / copyright / other Intellectual Property Rights.

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