scholarly journals LEGALITAS MEREK DAGANG DAN KEMITRAAN USAHA PADA UNIT PERDAGANGAN BUMDES NIAGARA

2019 ◽  
Vol 6 (2) ◽  
pp. 111
Author(s):  
Trisa Nur Kania ◽  
Latifah Adnani
Keyword(s):  
Community Service ◽  
Research Method ◽  
Real Life ◽  
Geographical Indications ◽  
Business Partnerships ◽  
Trademark Law ◽  
Business Partners ◽  
Trademark Registration ◽  
Business Contract ◽  
Insight Into

Law Number 20 of 2016 in Indonesia regulates brands and geographical indications (hereinafter referred to as Trademark Law). For businesses, making an effort to legalize the brand of the products/services they sell is important, even though in reality, many business actors do not understand this. This study aims to find out, analyze and provide insight into knowledge and understanding of businesses about the importance of a product being given a trademark and legally legalized through trademark registration to the state. Other than that, the other purpose of this research is to provide business partners with an understanding of business partnerships. The research method uses case studies with the consideration that the focus of the research is on contemporary (present) phenomena in the context of real life. The results showed that the business actors did not understand the rules relating to trademark design and procedures for trademark registration and did not understand the business contract with business partners. Therefore, in order to help solve the problems faced by business actors, the community service activities are carried out in stages, namely: provide counseling on regulations and laws related to trademark and assistance in the procedure for trademark registration, as well as assistance in making business contracts with business partners.

scholarly journals Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

2021 ◽  
Vol 5 (2) ◽  
pp. 42-56
Author(s):  
Zulfikri Toguan
Keyword(s):  
Intellectual Property Rights ◽  
Research Method ◽  
Community Organization ◽  
Legal Protection ◽  
Geographical Indications ◽  
Legal Research ◽  
Protection Measures ◽  
Library Research ◽  
Trademark Registration ◽  
The Government

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

scholarly journals The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben Samuel Onsu vs PT Ayam Geprek Benny Sujono)

2020 ◽  
Vol 10 (2) ◽  
pp. 250-259
Author(s):  
Nurhani Fithriah
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Geographical Indications ◽  
Trademark Law ◽  
Business People ◽  
The Supreme Court ◽  
Trademark Registration

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 - Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtainedafter the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.

scholarly journals THE LEGAL POLITIC OF REGULATION FOR TRADEMARK REGISTRATION SYSTEMS IN INDONESIA

2021 ◽  
Vol 4 (1) ◽  
pp. 70-81
Author(s):  
Darwance Darwance ◽  
Sudarto Sudarto
Keyword(s):  
Geographical Indications ◽  
Trademark Law ◽  
Trademark Registration ◽  
Colonial Government ◽  
Current Marks ◽  
Dutch Colonial

The development of brand functions which was originally only as a distinguishing element to be more of a reputation, to be the brand that is usually represented by the image, logos, etc., resulting in a brand being one of the triggers for a dispute. Therefore, a number of regulations that provide protection for marks have been issued in Indonesia started with the Trademark Law of 1885 published by the Dutch Colonial Government until Law Number 20 of 2016 concerning Current Marks and Geographical Indications. But, trademark disputes still occur. This juridical normative research with a legal approach aims to know and analyze the legal politics of trademark registration regulations in Indonesia. The result is that there are weaknesses in the existing regulations regarding trademark registration, both substantial and procedural. Therefore, they need to be clearer and more concrete regulations in regulating trademark registration in Indonesia so that trademark disputes can be minimized.

An Analysis of China's System of Protecting Geographical Indications

2006 ◽  
Vol 1 ◽  
pp. 1-21
Author(s):  
Lanye Zhu
Keyword(s):  
Intellectual Property ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Trademark Law ◽  
Chinese Law ◽  
Trademark Registration

AbstractGeographical indications are a kind of intellectual property required to be protected under the TRIPS Agreement of the WTO. In order to fulfil its WTO obligations, China started to protect geographical indications even before it was formally admitted to the WTO. At present, geographical indications can be protected in Chinese law through one or both of the following ways: trademark registration pursuant to the Trademark Law, and the registration of special labels bearing geographical indications. However, internal problems exist within both of these systems, and the co-existence of the systems also creates conflicts. This article analyses these problems and proposes ways of resolving them.

scholarly journals PENDAFTARAN MEREK ASOSIASI SEBAGAI MEREK KOLEKTIF (KAJIAN TERHADAP ASOSIASI RAJUT INDONESIA WILAYAH JAWA TENGAH)

2017 ◽  
Vol 2 (1) ◽  
pp. 109
Author(s):  
Yudhitiya Dyah Sukmadewi
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Research Method ◽  
Empirical Approach ◽  
Geographical Indications ◽  
Central Java ◽  
Directorate General ◽  
Trademark Registration ◽  
Collective Marks

<p>This study examines the registration of collective marks owned by the<br />Association of Knitting Indonesia Central Java (Java ARI) on the knitting craft<br />products manufactured and marketed independently. In addition, the assessment<br />conducted on the mechanism of collective trademark registration in the relevant<br />institutions. The research method used juridical empirical approach. Juridical<br />aspect is based on Law No.20 of 2016 on Marks and Geographical Indications<br />and related legislation, while reviewing the empirical aspects of the business<br />activities carried on ARI Java. The results showed that ARI Java brand label have<br />met the brand element that can be registered as a collective trademark<br />registration with domicile at the Directorate General of Intellectual Property of<br />the Ministry of Law and Human Rights in Central Java.</p><p> </p>

scholarly journals Analisis tentang sengketa merek PRADA dengan merek THE RICH PRADA

2020 ◽  
Vol 22 (02) ◽  
pp. 109-117
Author(s):  
Clarence Ritch Sutjipto
Keyword(s):  
Class Number ◽  
Research Method ◽  
Good Faith ◽  
Bad Faith ◽  
Literature Study ◽  
Trademark Law ◽  
Is Research ◽  
Directorate General ◽  
Trademark Registration ◽  
The Rich

Abstract This article riviews Trademark cases about extension of the PRADA brand owned by PRADA S.A. and re-registration of THE RICH PRADA brand based on Trademark Law No. 15 of 2001 which is now changed to Law No. 20 of 2016 of Trademark. Therefore, there is a Directorate General of IPR that carries out its duties and functions in the process of trademark registration and others. The case discussed in this article is regarding PRADA brand owned by PRADA S.A. who registered their brand in class 43 in 2007, but until 2017 PRADA S.A. absolutely not produce in class number 43. And an extension in 2018, and re-registration of THE RICH PRADA mark in indication of bad faith, the research method used in this article is normative juridical research that is research conducted with literature study, which refers to legal materials both primary and secondary legal materials related to this article. The results of the article shows that if there are registered trademarks that register trademarks in the brand class but not used at all, it can still be extended as long as they do not exceed the grace period and in the registration of the mark, it should be in good faith.

scholarly journals Efektivitas Undang-Undang Merek dan Indikasi Geografis terhadap Daftar Merek Usaha Dagang Industri Kecil dan Menengah

2018 ◽  
Vol 7 (1) ◽  
pp. 63
Author(s):  
Irene Svinarky ◽  
Ukas Ukas ◽  
Padrisan Jamba
Keyword(s):  
Data Analysis ◽  
Qualitative Analysis ◽  
Brand Image ◽  
Geographical Indications ◽  
Legal Research ◽  
Trademark Law ◽  
Sociological Jurisprudence ◽  
Trademark Registration ◽  
Set Up

There are not easy for new companies to build a reputation or brand image. The company still needs trust first from the community that used their products. Trademark have a very important role, especially in maintaining fair business competition, because the brand can be a differentiating force for one company with another company. The purpose of this study to know the awareness of communities concerning the importance of registering the Trademark based on Law No. 20 of 2016 on Trademark and Geographical Indications. This study uses the method of empirical legal research with sociological jurisprudence approach, as well as data analysis using qualitative analysis. The study shows that the lack of company awareness in understanding the importance of trademark registration, they do not understand the benefits of registering trademark. Communities who set up businesses tend do not registering their trademark, one of the reason is caused by highly cost. As a result, the implementation of the Trademark Law becomes less effective in practice. Perusahaan yang baru berkembang tidak tidak mudah membangun reputasi atau brand image. Perusahaan masih  membutuhkan   kepercayaan terlebih dahulu  dari masyarakat pengguna mereknya.  Merek memiliki peran yang sangat penting terutama dalam menjaga persaingan usaha yang sehat, karena merek dapat menjadi daya pembeda bagi satu perusahaan dengan perusahaan lain. Tujuan tulisan ini untuk mengetahui kesadaran masyarakat akan pentingnya mendaftarkan merek berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek Dan Indikasi Geografis. Penulisan ini menggunakan metode penelitian hukum empris dengan pendekatan sociological jurisprudence, serta analisa data menggunakan analisis kualitatif. Hasil penelitian menunjukkan bahwa masih kurangnya/kesadaran masyarakat dalam memahami penting pendaftaran merek, mereka tidak memahami manfaat pendaftaran merek. Masyarakat cenderung mendirikan usaha dengan tidak mendaftarkan mereknya, salah satu faktornya adalah biaya yang sangat mahal, sehingga menyebabkan implementasi ketentuan merek menjadi kurang efektif di dalam prakteknya.

scholarly journals Modeling In-Match Sports Dynamics Using the Evolving Probability Method

2021 ◽  
Vol 11 (10) ◽  
pp. 4429
Author(s):  
Ana Šarčević ◽  
Damir Pintar ◽  
Mihaela Vranić ◽  
Ante Gojsalić
Keyword(s):  
Monte Carlo Simulation ◽  
Statistical Models ◽  
Empirical Bayes ◽  
Hybrid Approach ◽  
Real Life ◽  
Bayes Estimation ◽  
Probability Method ◽  
Specific Nature ◽  
Sport Event ◽  
Insight Into

The prediction of sport event results has always drawn attention from a vast variety of different groups of people, such as club managers, coaches, betting companies, and the general population. The specific nature of each sport has an important role in the adaption of various predictive techniques founded on different mathematical and statistical models. In this paper, a common approach of modeling sports with a strongly defined structure and a rigid scoring system that relies on an assumption of independent and identical point distributions is challenged. It is demonstrated that such models can be improved by introducing dynamics into the match models in the form of sport momentums. Formal mathematical models for implementing these momentums based on conditional probability and empirical Bayes estimation are proposed, which are ultimately combined through a unifying hybrid approach based on the Monte Carlo simulation. Finally, the method is applied to real-life volleyball data demonstrating noticeable improvements over the previous approaches when it comes to predicting match outcomes. The method can be implemented into an expert system to obtain insight into the performance of players at different stages of the match or to study field scenarios that may arise under different circumstances.

scholarly journals Modeling of a Real-Life Industrial Reactor for Hydrogenation of Benzene Process

Catalysts ◽  
2021 ◽  
Vol 11 (4) ◽  
pp. 412
Author(s):  
Mirosław K. Szukiewicz ◽  
Krzysztof Kaczmarski
Keyword(s):  
Catalyst Activity ◽  
Real Life ◽  
Operating Conditions ◽  
Reactor Operation ◽  
Reactor Model ◽  
High Scale ◽  
Industrial Reactor ◽  
Knowledge Based ◽  
Operation Conditions ◽  
Insight Into

A dynamic model of the hydrogenation of benzene to cyclohexane reaction in a real-life industrial reactor is elaborated. Transformations of the model leading to satisfactory results are presented and discussed. Operating conditions accepted in the simulations are identical to those observed in the chemical plant. Under those conditions, some components of the reaction mixture vanish, and the diffusion coefficients of the components vary along the reactor (they are strongly concentration-dependent). We came up with a final reactor model predicting with reasonable accuracy the reaction mixture’s outlet composition and temperature profile throughout the process. Additionally, the model enables the anticipation of catalyst activity and the remaining deactivated catalyst lifetime. Conclusions concerning reactor operation conditions resulting from the simulations are presented as well. Since the model provides deep insight into the process of simulating, it allows us to make knowledge-based decisions. It should be pointed out that improvements in the process run, related to operating conditions, or catalyst application, or both on account of the high scale of the process and its expected growth, will remarkably influence both the profits and environmental protection.

The Business Transformation Enterprise Architecture Framework

2021 ◽  
Vol 13 (1) ◽  
pp. 74-101
Author(s):  
Antoine Trad
Keyword(s):  
Research Method ◽  
Enterprise Architecture ◽  
Real Life ◽  
Market Development ◽  
Decision Making Process ◽  
Strategic Development ◽  
Business Transformation ◽  
Architecture Framework ◽  
Base Functions ◽  
Enterprise Architecture Framework

This chapter's author based his cross-functional research on an authentic and proprietary mixed research method that is supported by intelligent neural networks combined with a heuristics motor, named the applied mathematical model (AMM). The proposed AMM base functions like the human empiric decision-making process that can be compared to the behaviour-driven development. The AMM is supported by many real-life cases of business and architecture transformation projects in the domain of intelligent strategic development and operations (iSDevOps) that is supported by the alignment of various standards and development strategies that biases the standard market development and operations (DevOps) procedures, which are Sisyphean tasks.

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