Perlindungan Hukum Terhadap Logo "PLUS" Pada Optik Cakram Ditinjau Dari Perspektif Hukum Undang-Undang Nomor 19 Tahun 2002 Tentang Hak Cipta dan Undang-Undang Nomor 15 Tahun 2001 Tentang Hak Merek
ABSTRACT
Legal protection of the logo plus the Optical Discs, under Article 4.5 and 6 Marks Act states that can not be registered Trademark of bad faith, Brand also will not be registered if the trademark contains one element as opposed to the legislation regulations, religious morality, decency, or public order, has no distinguishing features, has become public property, and a description of or relating to the goods or services being applied for registration. The purpose of this study is to analyze and find the form of legal protection for the optical disc plus the logo used by irresponsible parties viewed from the perspective of copyright law and the right brand. To analyze and find the application of the provisions of copyright and brand rights to the logo on an optical disc plus a logo used by the party responsible.
Thesis writing is descriptive analysis, in order to obtain a comprehensive and systematic legal norms and principles of law contained in the applicable law, with a normative juridical approach, which focused on the study of documents in the research literature to study the secondary data collected in the form of legal materials relating to the issues under study. The analytical techniques used in this study is qualitative analysis techniques.
In terms of legal protection against preventive logo plus here is the protection before the criminal or other offense against the logo It really depends on whether to register the Brand in order to get legal protection or not. Protection of repressive laws in question here is the logo plus the legal protection when there is a criminal act or violation of rights to the brand logo plus the use by parties who are not responsible without the permission of the relevant copyright owner. Use of Logo on Optical Discs Plus a logo used by irresponsible parties. If done without permission would clearly cause harm to the copyright holder. Copyright holders who feel their rights are harmed by a violation may occur in the negotiations as provided for in Article 65 UUHC. Although the Trademark Act No. 15 of 2001 has been the principle of 'good faith, the terms of the Trademark application that should be rejected and the other provisions of the Trademark protection is to be rejected as'well as other provisions concerning the protection of listed brands, including civil penalties and criminal, but in fact violations of the brand is still going on, especially on the famous brands, both at home and abroad.
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