PENERAPAN PIDANA TERHADAP MENGGUNAKAN MEREK YANG SAMA PADA POKOKNYA DENGAN MEREK TERDAFTAR MILIK PIHAK LAIN (Studi Kasus Putusan No. 4/Pid.Sus/2015/PN.Bla)

Abstract

ABSTRACT

 

Using Trademarks which are the same in principle as registered trademarks of other parties are regulated in Article 91 of the Act Number 15 of 2001 About Trademarks. Decision on case Number 4/Pid.Sus/2015/PN.Bla has been declared guilty and threatened with 10 (ten) months in prison and a fine of Rp. 10,000,000 (ten million rupiah). (1). How is the application of criminal acts against the perpetrators of criminal acts in the case decision Number 4/Pid.Sus/2015/PN.Bla? (2). How is the judge's consideration in applying the crime against the perpetrators of criminal acts in case Number 4/Pid.Sus /2015/PN.Bla? This type

of research is normative juridical, the source of the data used is secondary data sources which include library materials in the form of documents, books, reports, journals, archives and literature relating to this problem. Conclusions of the study. (1). Criminal offenders against using the same mark in principle with a registered trademark of another party in case Number

4/Pid.Sus/2015/PN.Bla applied is Article 91 as in the subsidiary indictment, and sentenced to a prison sentence of 10 (ten) months and a fine of Rp. 10,000,000 (ten million rupiah). (2). Judge's considerations in applying a crime against a criminal offense use the same mark in principle with a registered mark belonging to another party in case Number

4/Pid.Sus/2015/PN.Bla according to the Juridical Aspects namely facts, witness statements, defendants, and goods the evidence revealed in court and non-juridical aspects are mitigating and aggravating.

 

Keywords : Application, Criminal, Using, Trademark.