PENGATURAN TENTANG MEREK MENURUT TRIPs 1994 DAN IMPLEMENTASINYA DI INDONESIA (STUDI KASUS SENGKETA MEREK GS YUASA CORPORATION DENGAN PT. GOLDEN SURYA JAYA)

Abstract

ABSTRAK TRIPs Agreement is an agreement related to IPR that applies to all WTO members. In the implementation of IPR, there are brands regulated in TRIPs. Regarding brand protection, it is regulated in Article 1 number (17) of Law Number 20 of 2016. Although the arrangement is clear, there are also frequent violations, such as the case of brand disputes between GS Yuasa Corporation and PT Golden Surya Jaya. Problem statement 1. How is the branding regulated according to TRIPs 1994? 2. How is it implemented in trademark disputes in Indonesia? This type of research is normative legal research with secondary data sources and collection techniques with document studies and data in qualitative analysis. Research results: 1.The regulation of marks in TRIPs is regulated in Articles 15 to 21, that registered marks have exclusive rights where these rights prohibit other parties from using them without permission from the legal owner of the mark. 2. The implementation of trademark disputes in addition to being regulated in the TRIPs Agreement is also regulated in Law No. 20 of 2016 concerning Marks and Geographical Indications, such as in the case of GS Yuasa Corporation's trademark dispute with PT Golden Surya Jaya which violates trademark rights which at the time of trademark registration already has bad faith, for plagiarizing the GS Yuasa Corporation brand by simply adding the letter J to its logo. This clearly violates the trademark provisions.