KLAIM HAK MEREK DAGANG OLEH INDONESIA TERHADAP PERUSAHAAN ASING SWEDIA DITINJAU DARI TRIPS ( STUDI KASUS PERUSAHAAN INDONESIA INTAN KHATULISTIWA ESA ABADI / IKEA TERHADAP PERUSAHAAN SWEDIA IKEA)

Abstract

Abstract

Trademark as one part of intellectual property rights as the identity of a traded goods or services. Legal protection for trademark rights is regulated in Act No.20 of 2016 concerning Trademarks and Geographical Indications. This study raises the resolution of disputes between foreign well-known brands and local brands whose brands have similarities in principle, this research is based on the disputed IKEA famous brand from Sweden against Ikea's local brand owned by PT. Ratania Khatulistiwa from Surabaya which has been terminated to the Cassation level. Problem Formulation: (1). What is the regulation regarding trademarks based on international and national rules? (2). How is the settlement of the claim made by IKEA Indonesia to IKEA Sweden? This research method uses a normative method, by collecting data sources that include primary, secondary and tertiary legal materials. The results showed that (1). Regulations regarding famous trademarks according to international law are contained in Article 16 paragraph 2 of the TRIPS Agreement, and Article 21 Paragraph 1 (b) of Law No. 20 of 2016 concerning Brands and Geographics. (2). Settlement of disputes over Ikea trademarks in Indonesia at the Central Jakarta Commercial Court abolished the Swedish Ikea trademark rights and strengthened by a Supreme Court decision on the grounds that trademarks not used by their owners for 3 consecutive years could be removed from the General Register of Marks in accordance with Article 74 paragraph 1 Law No.20 of 2016, the principle of non-use is also contained in the provisions of International Law precisely in article 19 paragraph 1 of the TRIPS Agreement.Keywords: Claim, Trademark Rights, TRIPs