IDENTIFIKASI BENTUK-BENTUK PELANGGARAN MEREK TERKENAL (STUDI ATAS PUTUSAN PENGADILAN NIAGA SEMARANG)

This study aims to determine what kind of the forms of violations of trade marks in the case at the CommercialCourtof Semarang and know the legal efforts and actions of the state apparatus in order to anticipate and handle disputes trade mark The study used in the preparation is a type of normative descriptive research which includes aspects of the implementation of Indonesian trademark law in order to provide exposure, picture and juridical analysis of how the settlement of trademark disputes in the Commercial Court of Semarang.While the approach used in this study is a combination of normative legal research and empirical legal research, because in addition to taking library materials (collecting, classifying and clarifying) legislation to find secondary data, also with field research to find the primary data. Based on the results of studies have identified several forms of violations of trademarks in the case at the Commercial Court of Semarang is as follows: The practice of imitation trademarks, Trademark counterfeiting practices and deeds that may confuse the public regarding the nature and origin of the marks. Efforts made by governments in anticipating and hndling trademark disputes, including (a) In the preventive focus on efforts to prevent the trademark is not used by anyone else is wrong. Among them was the refusal of registration by the trademark office and the cancellation of the registered mark in violation of trademark rights of others (b) Protection of the repressive focused on punishment to those who have committed crimes and violations of trademark as set forth in Article 90-94 of Law no. 15 of 2001. Efforts owner / holder of trademark rights to choose the path of settlement through the courts (litigation) that is a lawsuit by the Commercial Court or District Court to conduct civil and criminal accountability demands, and through channels outside the court (non litigation) that can be achieved through the Arbitration and Alternative Settlement disputes such as Negotiation, Conciliation, and Mediation