PENGALIHAN HAK ATAS MEREK TERDAFTAR DENGAN CARA WAKAF

Trademark is one of the element of intellectual property rights, the manifest of intellectual works that give distinguish element for goods or services by the subject of rights which indicate the identify, characteristics, and the origin of goods and services that it has made. The right of a trademark are exclusive and absolute, it means that the trademark can be defended against anyone and it contain a monopoly right within. Trademark can be interpred as a material right that is moving and intangible. Trademark are regulated in act number 20 of 2016 that called trademark and geographical indications. Art 41 point 1 of that act explain that trademark can be transferred using waqf method, while between waqf and trademark have different philosophy. Trademark have exclusive and individualized proprietary philosophies, while waqf has communal ownership. The main problem of trademark endowments is the unregulated governance of the implementation of trademark endowments in the Trademark Law. Article 41 of the Trademark Law only explains that the terms and procedures of transferring trademark with waqf method are regulated in Ministerial Regulations. However, until now the regulations referred to in those articles have not yet been established. So here comes a legal vacuum. Faced this situation, the presence of Waqf Law is very necessary in order to fill the regulatory vacuum on the terms and procedures of trademark endowments