Perlindungan Hukum Terhadap Pemegang Merek Clothing

Trademarks are one of the most disputed intellectual property rights. The number of brand counterfeiting events conducted to gain profit by shortcuts, namely by violating business ethics, norms, and laws certainly do not make trade good and worsen the image as a violation of IPR. The purposes of this research are to examine the form of legal protection against registered clothing brand holders and to analyze the legal consequences for businesses that market clothing brands without a license? This research uses normative legal research methods by using statutory approach. Law No. 20 of 2016 and Law No. 5 of 1999 source to know criminal sanctions and also civil sanctions against businesses that use the brand without a permit. The results of this study show a form of legal protection against registered brand holders in the form of exclusive rights granted by the state to registered brand owners. Legal consequences for businesses that market brands without a license can be penalized as follows, in article 382bis criminal code can also be penalized i.e. material acts are threatened with a maximum prison sentence of one year and a fine as high as nine hundred million rupiah.

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Legal Review of Medical Emergency that Happened after a Failed Abortion Attempt

Hang Tuah Law Journal ◽

10.30649/htlj.v4i1.140 ◽

2020 ◽

Vol 4 (1) ◽

pp. 63

Author(s):

Elfan Winoto

Keyword(s):

Legal Protection ◽

Criminal Code ◽

Professional Standards ◽

Doctor Who ◽

Legal Research ◽

Criminal Offender ◽

Standard Operating ◽

Medical Emergencies ◽

The Government ◽

Legal Consequences

Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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Perlindungan Pemilik Rahasia Dagang Dalam Perjanjian Waralaba

YUSTISIA MERDEKA Jurnal Ilmiah Hukum ◽

10.33319/yume.v4i2.21 ◽

2019 ◽

Vol 4 (2) ◽

Author(s):

Anik Tri Haryani

Keyword(s):

Intellectual Property ◽

Dispute Resolution ◽

Intellectual Property Rights ◽

Alternative Dispute Resolution ◽

Legal Protection ◽

Trade Secret ◽

Trade Secrets ◽

Conceptual Approach ◽

Legal Consequences ◽

Research Show

Tight business competition requires creativity for entrepreneurs to stay competitive by seeking new breakthroughs in developing their businesses. Many franchise models are chosen to develop businesses. One of the criteria for franchising is the Intellectual Property Rights that have been registered including trade secrets. The purpose of this study is to examine the legal protection of trade secret owners in a franchise agreement, and legal consequences if there is a violation of trade secrets in the franchise agreement. The method used in this study is juridical normative with a law approach and conceptual approach. The results of the research show that the protection of trade secrets in the franchise agreement can be done by making an agreement which contains a confidential information, non disclosure agreement clause, a non compete agreement as well as a non solicitation agreement clause. Legal consequences in the event of a violation of trade secrets in the franchise agreement can be prosecuted civilly by paying compensation through a lawsuit to court or can be resolved through arbitration or alternative dispute resolution. In addition, it can also be prosecuted according to Article 17 paragraph (1) of Law Number 30 of 2000 concerning Trade Secrets with the penalty of imprisonment of a maximum of two years and a maximum fine of three hundred million rupiah.

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Tanggung Jawab Pidana dalam Peristiwa Kecelakaan Lalu Lintas yang Korbanya Meninggal Dunia di Wilayah Hukum Resor Gianyar

Acta Comitas ◽

10.24843/ac.2019.v04.i03.p15 ◽

2019 ◽

Vol 4 (3) ◽

pp. 508

Author(s):

Putu Ratih Mahalia Septiana

Keyword(s):

Traffic Accidents ◽

Criminal Liability ◽

Criminal Code ◽

Prison Sentence ◽

Legal Research ◽

Research Results ◽

Road Users ◽

Legal Consequences

The level of discipline and understanding of the rules and the low courtesy of traffic from road users is something that needs special attention in their efforts to solve problems in the field of traffic. The purpose of this study is as follows: to determine the legal consequences for perpetrators in traffic accidents whose victims have died and to find out legal considerations for perpetrators in criminal liability for traffic accidents. The type of research used is empirical juridical legal research. Results of the discussion in this study: The legal consequences for perpetrators in traffic accidents where the victim died was sentenced to a minimum prison sentence of 5 years. In accordance with Article 359 of the Criminal Code. Legal considerations for perpetrators in criminal liability for traffic accidents include unintentional elements (negligence), have never been convicted, there is peace between the parties, giving information is not convoluted, there are witnesses who are mitigating, then the threat of punishment can be lighter. Tingkat disiplin dan pemahaman terhadap peraturan dan sopan santun berlalu lintas yang rendah dari para pemakai jalan merupakan hal yang perlu mendapatkan perhatian khusus dalam upaya pemecahannya untuk mengatasi permasalahan di bidang lalu lintas. Tujuan dari penelitian ini sebagai berikut: untuk mengetahui akibat hukum bagi pelaku dalam kecelakaan lalu lintas yang korbannya meninggal dunia dan untuk mengetahui pertimbangan hukum bagi pelaku dalam pertanggung jawaban pidana terhadap kecelakaan lalu lintas. Jenis penelitian yang dipergunakan adalah penelitian hukum yuridis empiris. Hasil pembahasan dalam penelitian ini: Akibat hukum bagi pelaku dalam kecelakaan lalu lintas yang korbannya meninggal dunia dipidana dengan hukuman penjara minimal 5 tahun. Sesuai Pasal 359 KUHP. Pertimbangan hukum bagi pelaku dalam pertanggung jawaban pidana terhadap kecelakaan lalu lintas antara lain ada unsur ketidaksengajaan (alpa), belum pernah dihukum, ada perdamaian diantara para pihak, memberikan keterangan tidak berbelit-belit, adanya saksi yang meringankan, maka ancaman hukuman bisa lebih ringan.

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On issue of criminal liability for violations of intellectual property rights

Legal horizons ◽

10.21272/legalhorizons.2020.i21.p101 ◽

2020 ◽

pp. 101-104

Author(s):

M.S. Utkina

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Criminal Liability ◽

Legal Protection ◽

Criminal Code ◽

International Standards ◽

Criminal Proceedings ◽

Industrial Property ◽

Criminal Legislation

The issues of criminal liability for violations of intellectual property rights in Ukraine as well as examples of foreign countries (Federal Republic of Germany, French Republic, United States of America, Swiss Confederation) were analyzed. The author has identified major international instruments that set out basic international standards for the protection of intellectual property rights. It has been determined that Article 61, Section 5, of the Agreement on Trade-Related Aspects of Intellectual Property Rights, or the TRIPS Agreement, lays down provisions on criminal proceedings. The author analyzed the provisions of the current criminal legislation of Ukraine, according to which the occurrence of criminal liability is possible in case of violation of property rights of owners, without taking into account personal non-property rights. The article also states that, in accordance with the provisions of the articles of the Criminal Code of Ukraine, a peculiarity of domestic criminal legislation on infringement of intellectual property rights is that this type of liability can occur only if the owner of the rights of property damage in a large, large or especially large size. With regard to the Institute of Industrial Property, the Criminal Code of Ukraine provides for liability for the unlawful use of an invention, utility model, industrial design or variety of plants, if the material damage was done, as previously stated, in a significant, large or particularly large sizes. The author has determined that the urgency of the solution requires the issue of extending legal protection to new and emerging technologies. As with this, the nature of the violations and the process itself change. Against this background, there is a serious challenge to the intellectual property system. In turn, the process of protection and protection of intellectual property may be enhanced by having an adequate and effective system of state mechanism for preventing and ending offenses. It can also be achieved by simplifying the process of proving infringement in the field of intellectual property, and thus the procedure for bringing the perpetrator to justice.

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Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali

Jurnal Preferensi Hukum ◽

10.22225/jph.2.2.3340.371-376 ◽

2021 ◽

Vol 2 (2) ◽

pp. 371-376

Author(s):

Anak Agung Ayu Gayatri ◽

Anak Agung Sagung Laksmi Dewi ◽

Luh Putu Suryani

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Legal Protection ◽

Musical Instrument ◽

Criminal Sanctions ◽

Balinese Gamelan ◽

Criminal Charges ◽

Traditional Arts ◽

Traditional Cultural Expressions

Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.

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POLITIK HUKUM PELINDUNGAN HAK KEKAYAAN INTELEKTUAL DI INDONESIA PASCA DI RATIFIKASINYA TRIPS AGREEMENT

Pena Justisia Media Komunikasi dan Kajian Hukum ◽

10.31941/pj.v18i1.1088 ◽

2020 ◽

Vol 18 (1) ◽

Author(s):

Imam Wicaksono

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Legal Protection ◽

Trips Agreement ◽

Intellectual Property Right ◽

Legal Research ◽

East Indies ◽

Intellectual Property Rights Protection ◽

Dutch East Indies

Intellectual property rights actually not a new thing in Indonesia, since the Dutch East Indies Government, Indonesia has a law on Intellectual Property Rights. The regulation of Intellectual Property Right enactment of the laws of the Dutch East Indies government , imposed in Indonesia as a Dutch colony based on the concordance principle. At that time regulation of Intellectual Property Rights in Indonesia had just received three sector; Copyright, Trademarks, and Patents. Expansion of the regulation of Intellectual Property Rights in Indonesia has only been carried out after the ratification of the TRIPS Agreement. In this study the author will analyze the legal politics of protecting intellectual property rights before the ratification of the TRIPS Agreement. And what is the legal policy of the protection of intellectual property rights after the ratification of the TRIPS Agreement. This legal research is normative legal research. The results showed that with the emergence of a new law replacing the old colonial-made law, the understanding and scope of intellectual property rights protection in Indonesia became wider. The amendment to the Intellectual Property Rights Act in Indonesia cannot be separated from the ratification of the TRIPS Agreement and Indonesia's involvement in world trade.Keywords: Legal Politics, Legal Protection, Intellectual Property Rights, TRIPS Agreement

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FEATURES OF CRIMINAL AND LEGAL PROTECTION OF ECONOMIC AND OTHER INTERESTS OF SUBJECTS OF THE INTELLECTUAL PROPERTY RIGHTS ON UKRAINIAN LANDS UNDER THE CRIMINAL PROVISIONS OF 1903

European Cooperation ◽

10.32070/ec.v4i44.63 ◽

2019 ◽

Vol 4 (44) ◽

pp. 40-50

Author(s):

Oksana Korotiuk

Keyword(s):

Intellectual Property ◽

Property Rights ◽

Intellectual Property Rights ◽

Criminal Law ◽

Criminal Liability ◽

Legal Protection ◽

Criminal Code ◽

Patent Law ◽

Legal Norms ◽

Significant Difference

The article analyzes the criminal law provisions of the Criminal Code of 1903, which provided the responsibility for encroachments on objects of intellectual property rights, and defined the peculiarities of criminal legal protection of economic and other interests of subjects of intellectual property rights in Ukrainian lands according to these criminal legal norms. The Criminal Code of 1903 was marked by a significant difference from the Criminal Code of 1845, expressed as a significant reduction in the number of criminal acts, the general humanization of criminal punishment, and in a more progressive approach to the design of criminal law. For example, in Art. 1, the principle of "nullum crimen sine lege" was directly affirmed for the first time, while in criminal laws of earlier times it was laid down but only proceeded from the general content of the articles. Analysis of the criminal law of the Criminal Code of 1903 provisions allowed to conclude that the criminal legal protection of objects of intellectual property rights was carried out at the expense of: 1) criminal law, which provided for liability for attacks on objects of copyright and patent law. In this case, the legal protection of copyright objects was closely linked to the censorship and, in fact, was inseparable from it; 2) the provisions establishing criminal liability for actions related to the disclosure of secrets; 3) provisions relating to the introduction of goods into the market and their circulation there, as well as the importation of goods into the territory of the Russian Empire, which provided for liability for the following acts: a) acts related to the illegal manufacture of works and their introduction into circulation, in including the illegal circulation of equipment that may be used for the illicit manufacture of works; b) acts related to the illicit sale or other distribution of works; c) other acts related to the illegal circulation of objects of intellectual property rights.

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PERLINDUNGAN HUKUM TERHADAP HASIL KARYA SENI TRANSFORMASI BERDASARKAN UNDANG-UNDANG HAK CIPTA

Kertha Semaya : Journal Ilmu Hukum ◽

10.24843/ks.2020.v09.i01.p14 ◽

2020 ◽

Vol 9 (1) ◽

pp. 161

Author(s):

Putu Devya Chevya Awatari ◽

I Wayan Novy Purwanto

Keyword(s):

Legal Protection ◽

Legal Research ◽

Economic Rights ◽

Criminal Sanctions ◽

Legal Consequences

Penulisan artikel ini bertujuan untuk mengetahui perlindungan hukum bagi pencipta atas adanya karya transformasi di Indonesia dan akibat hukum terhadap pentransformasian karya seni pahat yang dilakukan secara tanpa ijin. Metode yang digunakan dalam penelitian ini adalah jenis penelitian hukum normatif yang didukung oleh pendekatan perundang-undangan, pendekatan analisis dan konseptual. Hasil akhir studi menunjukan bahwa perlindungan hukum diwujudkan dengan adanya Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta sehingga adanya transformasi karya seni pahat yang dilakukan secara tanpa izin tidak menghapuskan hak eksklusif pencipta untuk mendapatkan hak ekonomi atas ciptaannya dengan memperhatikan royalty fee yang wajar antara pencipta dengan pihak terkait serta pertanggungjawaban dalam bentuk ganti rugi hingga sanksi pidana akibat pentransformasian karya seni pahat yang dilakukan secara tanpa izin. Writing this article aims to determine legal protection for creators for the existence of transformational works in Indonesia and the legal consequences for the unauthorized transformation of sculptural works. The method used in this research is a type of normative legal research that is supported by a statutory approach, analytical and conceptual approaches. The final results of the study show that legal protection is realized by the existence of Law Number 28 of 2014 concerning Copyright so that the transformation of sculptural works carried out without permission does not abolish the exclusive rights of creators to obtain economic rights over their creations by paying attention to reasonable royalty fees between creators. with related parties as well as liability in the form of compensation to criminal sanctions due to the unauthorized transformation of a sculptural work.

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Sengketa dalam Perkawinan Kedua Tanpa Izin Istri Pertama

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.3.4125.490-495 ◽

2021 ◽

Vol 2 (3) ◽

pp. 490-495

Author(s):

I Gede Agus Dedy Andika ◽

I Nyoman Gede Sugiartha ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Research Method ◽

Criminal Code ◽

Legal Research ◽

Secondary Sources ◽

Criminal Sanctions ◽

Legal Provisions ◽

Legal Consequence ◽

Materials Used ◽

Incorrect Information ◽

Legal Consequences

Marriage according to Law Number 1 of 1974 concerning Marriage is an inner and outer bond between a man and a woman to form a happy household. The authority of polygamy is not absolute in the hands of the husband, but there are other conditions that must be met, namely obtaining permission from the judge (court). The purposes of this study are to analyze the regulation of criminal sanctions in a second marriage without the permission of the first wife and the legal consequences of a second marriage that does not meet the applicable legal provisions. This study uses a normative legal research method with a statutory approach. Sources of legal materials used are primary and secondary sources of legal materials. Data collection techniques were carried out by examining existing library materials which were then analyzed systematically. The results of the study reveal that criminal sanctions are given in the second marriage without providing incorrect information based on the criminal provisions in PP No. 9 of 1975 which is a lex specialis of the Criminal Code. The legal consequence of the second marriage is that if the husband has remarried or is polygamous without the knowledge of the first wife, the first wife can sue by submitting a request for annulment of the marriage contained in Articles 22-29 of the Marriage Law.

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Sanksi Pidana terhadap Pelaku Tindak Pidana Perjudian Togel (Studi Kasus Putusan Pengadilan Negeri Bangli Nomor 23/PID.B/2020/PNBLI)

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3087.189-194 ◽

2021 ◽

Vol 2 (1) ◽

pp. 189-194

Author(s):

I Dewa Ayu Mira Pradewi ◽

I Nyoman Gede Sugiartha ◽

I Ketut Widia

Keyword(s):

Environmental Factors ◽

Criminal Code ◽

Court Decisions ◽

Prison Sentence ◽

Legal Research ◽

Criminal Sanctions ◽

Approach Method ◽

Materials Used ◽

Research Type ◽

Formulation Problem

Gambling is a bet with risk values that are intentionally aware of the risks. The formulation problem is Why togel gambling crimes are still prevalent in the community? And What is the consideration of the Judge in dropping the verdict against the perpetrators of the togel gambling crimes?. The type of research used is the normative legal research type. The approach method used a statutory approach. While technique collecting legal materials used by analyzing court decisions. In conclusion, the rising gambling in Indonesian society is due to one of the impositions of criminal sanctions against perpetrators who are too light. While the case The Verdict Number 23/PID.B/2020/PNBLI caused by economic and environmental factors involving Defendant Nyoman Pageh and is subject to a prison sentence of 5 months on charges of violating the provisions Article 303 paragraph (1) of the Criminal Code jo Article 2 of Law No. 7 of 1974. The judge's consideration verdict is based on the consideration of a juridical judge. As for the incriminating circumstances, his actions do not support the government's program in the eradication of gambling, while the circumstances that relieve is, the defendant regrets and promises not to repeat his actions again, the defendant behaved politely at the trial.

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