business
law term paper
“PT Batara Mulia Agung Litigation A Lowo Brand”
Compiled By
3b/D4 :
Group
Members:
1.
Nirwan Suparwan (46110011)
2.
Rahmawati Ramli (46110015)
3.
Harmuliyah (46110034)
4.
Erwin (46110051)
5.
Putri reski ananda (46110053)
State Polytechnic of Ujungpandang
2013
CHAPTER I
Introduction
1.1 Background Problem
Background
of the birth of the brand among others based on the appearance of the current
globalization in all aspects of life of the human race, especially in the field
of economy and trade. The rapid development in information technology and
transportation pushed the growth of the market economy and the integration of
global trade. The needs, capabilities and advances in technology over a product
now is the market for production-production of the trademark owner and
entrepreneur services. They want their products to obtain access to the
free-free to the market.
Therefore,
the development in the field of trade and industry that increasingly requires
increased protection sedemikan of the technology used in the manufacturing
process, if the product is then circulated in the market by using a certain
brand then it needs to protect the marketed product from various actions
against the law in the end is the need to protect the brand. In this connection
the rights arising from intellectual property rights especially the rights to
the brand of a product will be very important in terms of legal protection
therefore for parents and develop a product brand of goods or services made with
difficulty remembering also a long time and cost a fortune to promote the brand
to be well-known and gained a place in the market.
One
way to strengthen a healthy trading system in developing the brand of a product
i.e. goods or services by conducting a legal protection against trademark
registration.
1.2 Outline Of The Problem
From
material/term paper topics, we can formulate some problems as follows:
a. Why PT Batara Agung
mulia litigate a Lowo brand?
b. How the Defendant's response over
allegations of PT
Batara Agung Mulia
who judge branded
the defendant a copy?
1.3 The Purpose Of The Writing
From
the formula above we conclude the issue the purpose of this paper is as
follows:
a. to find out what
causes the PT Batara Agung mulia litigate a Lowo brand that is dragging the
local businessmen.
b. to determine the
response of defendants over allegations PT Batara Agung
mulia who assess brand defendants is allusion.
CHAPTER II
DISCUSSION
2.1 Review of
Literature
2.1.1
Definition of
Brand
The brand is a sign in the form of
pictures, names, words, letters, numbers, stripes or a combination of these
elements that have the power of difference and used in the activities of trade
in goods or services and gives rise to a sense of psychological/Association.
The copyright must be able to protect
the expression of an idea, the idea of the concept, one way to protect a
copyright listed in article 3 of Act No. 15 of 2001 about the brand is by doing registration rights to the
brand.
Article
3 of Act No. 15 of 2001 about the brand States that the rights to the brand is
an exclusive right granted by the State to the owner of a trademark registered
in the list of Common brand for a specific time period by using the brand's own
or give permission to oranglain to use it. In the registration of the brand,
the owner gets the rights to the brand are protected by law.
The owner of the brand is the applicant approved their petition in
trademark registration in writing to the Directorate General of intellectual
property rights, as enshrined in article 1 paragraph (6) of Act No. 15 of 2001
about the brand.
1.2.2 Function and benefits of a brand
The need to protect the marketed product from various actions against the
law in the end is the brand needs. A brand is a sign that can be imprinted on
the goods in question or the bundle of such items, if an item produced by a
company does not have the power criterion is considered not sufficient strength
and therefore is not a brand. The main function of the brand (translation in
English is a trademark, brand or logo) is to distinguish the goods or services
or products the manufacturer/provider.
The brand suggests the origin of the goods/services
as well as product owner. The law States the brand as property or something
which belongs to a particular party, eksklisif and prohibits all others to use
without the express permission of the owner. Thus, the brand serves as an
identifier in the activities of trade in goods/services are similar. In
General, a product of such goods/services made by a person or legal entity to
be a mark of distinction with products of other goods and services. This
particular sign is an identifier for the goods/services in question produce
commonly known brands.
The brand can also serve to stimulate industrial and
commercial growth is healthy and benefits all parties. Beside that also serves
as a means of promotion and advertisement for producers or entrepreneurs who
trade the goods/services in question. Based on the merits and then the
requisite legal protection of trademark rights products are:
1. to ensure the legal certainty for the inventor or
the holder of the trademark rights to the brand.
2. to prevent the occurrence of violations and
crimes over the rights to the brand so that justice can be rendered to the
legal heirs.
3. to provide benefits to the community to be more
driven to create and take care of the registration of the brand of their
efforts.
2.1.3 brand that can not be
registered and rejected
"Brand could not
be registered on the basis of application submitted by the applicant are not
well intentioned"
the applicant is not
well intentioned applicant who registered its brand is not feasible and
dishonest or intentionally intend rides along, mimic, or plagiarize the other
party's brand of Fame for the sake of the interest of his which results in harm
to others or gives rise to conditions of competition for cheating, mengecok or
mislead consumers.
The brand may not be
listed in the brand to contain one of the following elements:
1. contrary to the
applicable legislation, morality, morality, ah\gama or public order;
2. no on-site power
criterion;
3. has become public
property;
4. A description of or
relating to the goods or services being appealed take.
The petition should be
rejected by the Brand DJHKI:
1. Have
the equation substantially or entirely denganmerek belonging to other parties
who have registered earlier for similar goods or services;
2. Have
the equation substantially or entirely with famous brands belonging to the
other party for the goods and/or services of its kind, can be enforced against
the goods and/or services which are not similar along certain requirements will
be set more more with government regulations;
3. Have
the equation substantially or entirely with geographical indications which are
well known;
4. Is
or resembles the name of famous people, photos, or the name of a legal entity
owned by another person, unless the written consent of the owners;
5. is
the copycats or resembles the name or abbreviation of name, flag, emblem or
symbol or emblem of State or national or international institution, except for
approval of tetulis from the authorities; 6. is the copycats or resembles a
mark or stamp or an official stamp that is used by the State or Government
agencies, unless the consent of the appropriate authorities
2.2 Discussion
2.2.1 PT
Batara Agung mulia litigate a Lowo brand
PT Batara Agung Mulia lawsuit cast a letter to the Central
jakarta District Court over the trademark case Lowo argued that local
businessmen Hengki Arifin as defendants have beretikad not good that in
registering the brand Lowo (label) which is a trademark that is carried in the
PT Batara Agung.
In his suit to court PT Batara Agung Mulia appealed
to the Central jakarta District Court judge to cancel a trademark registration
on the name lowo Hengki Arifin.
According to a power law PT Batara Agung honorable
mention that the owner, applicants, and the first user of a trademark that
admission is done on February 11, 1988. While the defendants had registered the
brand on May 4, 2005, meaning that defendants are trademark allusion or clone
of the label or the packaging of the plaintiff by removing lowo parts showing
the identity of the plaintiff.
Defendants have committed an unhealthy competition
for trying to mislead the consumer as if their products came from the same
company that is owned by PT Batara Agung Mulia
as the plaintiff.
2.2.2 Defendant's response over allegations of
PT Batara Agung
Mulia who judge
branded the defendant a copy
Arifin
Hengki party as
the defendant denied the accusations
thrown by the PT
Batara Agung who
claimed himself as the first owner of the trademark Lowo.
According to the defendant says that the plaintiff is a brand registered by
the sesame sauce instead of brand lowo. On behalf of the plaintiff's trademark
was registered with me during the ciang ma yu fuk may mean (me lunch cian yan:
mill sauce (sauce) happy, ma yu mijen sauce/tomato sauce mijen, fuk may: cap
lowo) instead of brand lowo.
Thus, the power law Hengki Arifin added a trade certificate is written in
is not a brand but a stamp of tau lowo lowo fuk may in kanzi and foreign
language letters meaning lowo stamp.
CHAPTER III
Conclution
& Suggestion
3.1 Conclusion
1.
PT Batara Agung Mulia lawsuit cast a
letter to the Commerce Court of Central jakarta over the trademark case lowo
argued that local businessmen on behalf of the defendants not Hengki Arifin beretikad
well in registering the brand lowo which is a trademark that has been carried
by the product PT Batara Agung.
2.
the defendant disputes the
accusation thrown by PT Batara Agung
that brands are registered by the plaintiff in contrast to trademarks listed by
the defendant. Dagan's brand was registered by the PT Batara Agung Mulia is not
a brand but the Sesame brand lowo sauce. On behalf of the plaintiff's trademark
was registered with me during the ciang ma yu fuk may mean (me lunch cian yan:
mill sauce (sauce) happy, ma yu mijen sauce/tomato sauce mijen, fuk may: cap
lowo) instead of brand lowo.
3.2
Suggestion
1.
We realize as a writer is to understand that there are
still many shortcomings of the preparation of a working paper entitled
"legal Business" PT Batara Noble perkarakan Lowo brand "for that
comment and advice is built so we hope for the sake of completeness this paper.
2.
BIBLIOGRAPHY
Adisumarto,
Harsono, 1990, Hak Milik Inteletual, Khususnya Hak Cipta,
CV Akademika Pressindo, Jakarta.
Djumhana, Muhammad Dan R. Djubaedillah,
1997, Hak Milik Intelektual:
Sejarah,
Teori Dan Praktiknya Di Indonesia, Penerbit: PT Citra Aditya Bakti : Bandung.
Sutaedi,
Andrian,2009, Hak Atas Kekayaan Intelektual, Penerbit : Sinar Grafika
Jakarta.
Umbara,
Citra, 2001, Undang-Undang Republik Indonesia Tentang Paten Dan Merek
2001, Penerbit : Citra Umbara, Bandung.
Available from :
http
://www.educationwriting.net/resource_center/thesis/writing/pemegang hakatas
merek.htm.[internet] accessed May 8, 2013
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