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THE APPLICATION OF DISTINGUISHING TRAITS IN BRAND PROTECTION TO THE CASE OF BRAND VIOLATION ON THE SIMILARITY IN PRINCIPLE REFERRING TO REGULATION NO.
15/2001 ON BRANDS
Maria Rosari Putri 110110110308
ABSTRACT
Branding system plays important roles in trading; one of which is to determine the ability of a company in creating certain products. Well-known brands result in positive impacts for sales and success of the business. To ensure protection, particularly for legal reasons, for this crucial element, it is highly suggested to register brands to the General Directorate of Intellectual Property Rights. This research, therefore, aims to discuss issues related to brand protection which include the application of distinguishing traits in principle and protection for the registerers with good intention having problem with similarity in principle with the previously registered brand.
The method used for the purposes of this research is analytical descriptive by describing facts as the object along with analysis on the prevailed regulations. Normative judicial approach is also conducted by focusing on secondary data in the form of primary, secondary, and tertiary legal materials supported by field research and interviews to gain a complete description on the issue.