TINJAUAN YURIDIS HAK EKSLUSIF MEREK PIERRE CARDIN DITINJAU DARI UU NO. 15 TAHUN 2001 TENTANG MEREK dan TRIPS AGREEMENT

2017ABSTRACT \ud \ud Nisrina Atikah Hasdar (B111 13 586) Juridical Review of \ud the Exclusive rights to the brand Pierre Cardin Against the \ud implementation of ACT No. 15 of 2001 about the brand and \ud the TRIPS Agreement (case study of Ruling No. 557K/Rev. Sus-\ud hki/2015) Supervised by Winner Sitorus and Nurfaidah Said. \ud \ud A similar or similar brand is related to a concept as in one \ud doctrinal which calls "a likelihood of confusion". The most important factor \ud that the use of a brand that has "equality in essence" creates a sort of \ud confusing equation and disrupts public order. Based on the description \ud above, the brand dispute of case of decision of No. 557K / Pdt.Sus-HKI / \ud 2015 so that the legal issue of this research is the legal protection position \ud on the well-known brand of brand registration that has the same or \ud substantial equation on the same class type. \ud \ud The purpose of this research is to know the protection against \ud well-known trademark and PIERRE CARDIN LOGO in terms of normative \ud device that is Law Number 15 Year 2001 and TRIPs Agreement and \ud Judicial Consequences Supreme Court Decision Number 557K / Pdt.Sus-\ud HKI / 205 against famous brand in Indonesia. The method used in this \ud research is normative research with approach of legislation and \ud conceptual. This study uses primary legal materials and secondary legal \ud materials. Then the legal material is analyzed qualitatively and presented \ud prescriptions. \ud \ud The results of the research indicate that: 1) The decision of the \ud court by the panel of judges has been in accordance with the applicable \ud legislation, namely the Trademark Law No.15 of 2001 but the aspects of \ud TRIPS Agreement but not yet fully considered, justice and welfare aspects \ud that should consider the economic and moral impact of losses By the user \ud or owner of the famous name; 2) The juridical consequence of the decision \ud No.557K / Pdt.Sus-hki / 2015 is a well-known brand that enters into \ud Indonesia must follow the Indonesian national legislation, although \ud substantively has been registered in several countries and gained brand \ud recognition globally. \ud \ud Keywords: Well Known marks, IPR, Pierre Cardi