scholarly journals Trademark Protection, Absolute and Relative Grounds for Refusal of Trademark

2016 ◽  
Vol 1 (2) ◽  
pp. 291
Author(s):  
Safet Emruli ◽  
Agim Nuhiu ◽  
Besa Kadriu
Keyword(s):  
National Level ◽  
International Level ◽  
Registered Trademark ◽  
Goods And Services ◽  
National Office ◽  
Trademark Protection ◽  
The Absolute ◽  
The Law ◽  
The Right

A trademark is a sign that individualizes the goods of a given enterprise and distinguishes them from the goods of its competitors. Trademark may consist letters, words, slogans, symbols, numerals, pictures, name, logo, even sounds and smell. They are based on registration. One registered trademark gives to his owner the right to exclude others from using an identical or similar mark to identify its goods or service on market. Trademark owners should apply for registration by filling an application in national level, in their national office for protecting trademark rights which trademark will be protected only in that current country and in international level by filling one application where his trademark will be protected in many country depending in which country he has mark the protection. The law does not recognize every possible mark or symbol as a valid trademark, there are some criteria that one sign or mark have to satisfy to gain the trademark protection. Any sing which is not able to distinguish the goods and services can not be registered, and this is one of the reasons for rejection of registration. Sign or mark must be a “trademark”, must not fail on the absolute and relative grounds. Sign can be refusal for absolute ground if is not able to distinguish the goods and services. Unprotected mark will be consider also mark in conflicts with a prior right in another trademark or other distinctive sign will also be refusal, in this case for relative ground. Accordantly to this, the owner, during creating his mark should be original, natural, creative etc.

scholarly journals KLAUSUL KUASA MUTLAK DALAM AKTA JUAL BELI TANAH DI KOTA PALOPO

2020 ◽  
Vol 2 (1) ◽  
pp. 142
Author(s):  
Ashar Sinilele
Keyword(s):  
Data Collection ◽  
Civil Code ◽  
Power Of Attorney ◽  
Absolute Power ◽  
The Absolute ◽  
The Law ◽  
The Right

AbstractBased on the provisions of Article 1813 of the Civil Code which states that the granting of power ends with the withdrawal of the power of attorney, if it is associated with the clause granting the power of attorney in a binding purchase agreement which is an absolute power or that can’t be revoked, then it is clear that the clause is contrary to existing laws. This is also explained in Article 1814 of the Civil Code regarding the existence of the right of the grantor to withdraw his power of attorney if desired. Thus the absolute power clause is a deviation from the law. Based on the Instruction of the Minister of Home Affairs Number 14 of 1982, it is also clear that this violates regulations which are still in force. That absolute clausal agreements as applied a lot is a form of contradiction in the law so that it should need to be revised. For data collection this research was carried out at the Palopo City Notary Office regarding the land purchase agreement as regulated in the Civil Code.Keywords: Deed, Buy and Sell, Absolute Power of Attorney.AbstrakBerdasarkan ketentuan Pasal 1813 KUH-Perdata yang menyebutkan bahwa pemberian kuasa berakhir dengan ditariknya kembali kuasa penerima kuasa, jika dikaitkan dengan klausul pemberian kuasa pada perjanjian pengikatan jual beli yang merupakan kuasa mutlak atau kuasa yang tidak dapat dicabut kembali, maka jelas bahwa klausul tersebut bertentangan dengan undang-undang yang ada. Hal ini juga dijelaskan pada Pasal 1814 KUH-Perdata tentang adanya hak dari pemberi kuasa dapat menarik kembali kuasanya manakala dikehendaki. Dengan demikian klausul kuasa mutlak merupakan penyimpangan dari undang-undang. Berdasarkan Instruksi Menteri Dalam Negeri Nomor 14 Tahun 1982, jelas juga hal tersebut melanggar peraturan yang sampai saat ini masih berlaku. Bahwa perjanjian clausul mutlak sebagaimana banyak diterapkan merupakan suatu bentuk pertantangan di dalam undang-undang sehingga hal tersebut seharusnya perlu mendapat revisi. Untuk pengambilan data penelitian ini dilakukan di kantor Notaris Kota Palopo yang berkenaan tentang perjanjian jual-beli tanah sebagaimana yang diatur dalam KUH-Perdata.Kata Kunci : Akta, Jual Beli, Kuasa Mutlak.

scholarly journals Pembatalan Hak Merek Yang Telah Dijadikan Jaminan Fidusia

2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Delila Pritaria Cantika
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Registered Trademark ◽  
The Absolute ◽  
The Law ◽  
A Company ◽  
Adequate Evidence

Trademark as a part of intellectual property rights in essence is a sign to identify and distinguishing a product that made by a company with other products in the market. Trademark must be registered to gain a legal recourse in the form of Rights Over Trademark. However a registered trademark can still be nullified, based on a certain adequate evidence the registered trademark cannot fulfilled the absolute grounds or relative grounds. In furtherance, nowadays trademark legally feasible to be registered as a collateral. And as for the most accurate form of the collateral itself according to the law shall be registered fiduciary guaranty.

scholarly journals Wilayah Al-Faqīh dalam Politik Shī’ah

2019 ◽  
Vol 5 (1) ◽  
pp. 21-34
Author(s):  
Fathullah
Keyword(s):  
The State ◽  
Democratic System ◽  
The Absolute ◽  
The Law ◽  
The Right ◽  
New System

Historically the system of government of Shī‘ah refers to the imāmāh system, which is a political doctrine which states that the Islamic government after the death of the Prophet Muhammad was the absolute right of the ahl al-bait (family of the Prophet), namely Ali bin Abi Talib and eleven descendants. This is considered by many observers as not providing an opportunity for other parties to obtain the same rights, namely the right to be elected as the leader of the state. In Shī’ism, the term concept of the region of al-Faqīh (power of the faqīh), or an Islamic jurist, is known. With this new system, Shī‘ah Islam has begun a new chapter in a fairly democratic system of government. A system of government that practices the law of God, which is supervised by the experts of religious jurisprudence (faqīh), as in the practice of the al-Faqīh Region system, will outperform all systems of government that are unfair in this world. Because with a system of government like this, Muslims will avoid mistakes in carrying out the wheels of government. Keywords: shi’ah, imamiyah, wilayah al-Faqih

scholarly journals Issues of implementation of equality of arms principle in case of declaring the applied law unconstitutional

2021 ◽  
pp. 44-55
Author(s):  
Iryna Berestova ◽  
Oksana Khotynska-Nor
Keyword(s):  
National Level ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Constitutional Principle ◽  
Litigation Process ◽  
Legal Position ◽  
The Law ◽  
Constitutional Right ◽  
The Right ◽  
Judicial Protection

The Article considers the issue of ensuring the constitutional principle of equality of litigants before the law and the court during review of the judgement in view of the exceptional circumstances after consideration of the case by the Constitutional Court. Based on the study of legal nature of such consequences of nullity of the law as pro futuro, ex nunc, ex tunc, the risks of violation of the constitutional right of a person to judicial protection shall be established. The aim of the Article is to detect the objective demonstration of the constitutional principle of equality of litigants before the law and the court. The methods of the study: system, dialectical, integrative, interdisciplinary and scientific methods applied to detect the interrelation between the constitutional principle of equality of arms and its practical demonstration in litigation process. The main results of the study. Two components affecting the efficiency of protection of such right have been established: future effect of the judgement of the Constitutional Court of Ukraine and impossibility to consider the application in view of exceptional circumstances if before appeal to the Constitutional Court of Ukraine a person’s claim was dismissed in full under the applicable laws and was further declared unconstitutional by the Constitutional Court. The erroneous legal position of the supreme court in the system of the judiciary of Ukraine was proved in terms of the impossibility of initiating proceeding in exceptional circumstances after delivery of the judgement of the Constitutional Court of Ukraine due to the fact that the person’s claim had previously been dismissed and such a judgement does not provide for its enforcement. This conclusion deprives a person of the right to a final trial at the national level in accordance with the procedure of applying to the court (Articles 8, 24, 55, paragraph 1 Part 2 of Article 129 of the Constitution of Ukraine). It is proposed to develop a special law establishing the grounds and procedure for compensation by the state of moral and financial damages caused by the law recognized as the unconstitutional one.

scholarly journals PENGATURAN TENTANG HAK ASASI MANUSIA BERDASARKAN UNDANG-UNDANG DASAR 1945 SEBELUM DAN SETELAH AMANDEMEN

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Tenang Haryanto ◽  
Johannes Suhardjana ◽  
A. Komari A. Komari ◽  
Muhammad Fauzan ◽  
Manunggal Kusuma Wardaya
Keyword(s):  
Human Right ◽  
Absolute Power ◽  
New Material ◽  
The Absolute ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
The Right

The end of the government of Orde Baru that tends to be more authoritharian has emerged the transformation almost in all government hierarchy. The most important transformation is in the material contains or substantive of 1945 constitution, whether material that has been erased, revised or new material. Material contain of the 1945 constitution is the result of the amendment such as the Human Right.  The regulation about human right before amendment 1945 constitution regulated as right and duty of the republic citizen in Indonesia that contains the values of human right and regulated in the article 27 to article 34. The regulation of human right after amendment of 1945 constitution regulated in article 28A to 28J.  The regulation about the human right based on the Law Number 39 Year 1999 concerning the Human Right. It explain there is no right in Indonesia that has the absolute power and unlimited. Human Right is not the right that has the absolute characteristic. In the implementation, its limited by the right, morale, security and order of other people. Because of that,  in the human right also known the existence of human right duty. Moreover, the implementation of the human right has been regulated in the 1945 Constitution. Kata Kunci : Hak Asasi manusia, Amandemen UUD 1945

Pemenuhan Hak Konsumen melalui Perlindungan Hak Merekam

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Dias Bintang Wibisono ◽  
Mozes Reynaldo Christanto
Keyword(s):  
Exchange Rate ◽  
Goods And Services ◽  
Consumer Rights ◽  
Trademark Protection ◽  
The Exchange Rate ◽  
The Right

If we studied deeper, fulfillment of consumer rights especially, The right to comfort, security, and safety in consuming goods and or services; The right to choose goods and or services and to obtain goods and or services in accordance with the exchange rate and conditions and guarantees promised; The right to true, clear and honest information about the condition and guarantee of goods and services has a relationship with the trademarks protection. Trademark protection  has been understood to be limited to the protection of trademark owners and there is no relationship between trademark and consumers. Though some of the rights received by consumers can actually be associated with the existence of a trademark protection.

scholarly journals Promoting Ethics and Integrity in Sport: the Romanian Experience in Whistleblowing

2018 ◽  
Vol 10 (1) ◽  
pp. 84 ◽  
Author(s):  
Vasilica GRIGORE ◽  
Monica STANESCU ◽  
Marius STOICESCU
Keyword(s):  
National Level ◽  
Public Institutions ◽  
European Countries ◽  
International Level ◽  
Good Practices ◽  
The Creation ◽  
The Law ◽  
General Aspects ◽  
Sports Activities ◽  
The Way

The issue of ethics and integrity in sport is a particularly recent one, as a result of the growing number of approaches from the perspective of collaboration between people who identify violations of the rules of organization or of the way in which sports activities are conducted, and the institutions empowered to prevent such phenomena. If at international level a series of coherent and consistent measures have been agreed to prevent and sanction such violations in sport, at national level there are still many stages to undergo and measures to be implemented.Romania is one of the first European countries to adopt legislation on the protection of whistleblowers in public institutions (2004). However, given the defamatory influence from the communist era, the enforcement of the law has not produced results at the expected level, so few are now reporting corruption situations or irregularities within different organizations.Starting from the general aspects of whistleblowing, the paper aims to analyze this phenomenon in the Romanian sport, which has some mechanisms for defending ethics and integrity. The analysis is carried out in the framework of the international provisions on whistleblowing and highlights the gap between these provisions and the legislation specific to sport in Romania, as well as the action guidelines that can be pursued in order to bring the Romanian sport in line with the legislative frame and good practices (legal and educational) at European and global level.The paper reflects some concerns of the UNEFS specialists regarding the issue in question, as well as the creation and implementation of some measures and programs which would lead to clean practices in sport.

scholarly journals Pelaksanaan PMK No. 93/Puu-X/2012 Mengenai Penyelesaian Sengketa Perbankan Syariah Sesuai Isi Akad di dalam UU No. 21 Tahun 2008 Tentang Perbankan Syariah

2018 ◽  
Vol 4 (2) ◽  
pp. 269-284
Author(s):  
Purnama Hidayat Harahap
Keyword(s):  
Dispute Settlement ◽  
Equal Treatment ◽  
District Court ◽  
Constitutional Court ◽  
The Absolute ◽  
The Law ◽  
The Right ◽  
To Receive

The research showed that the sharia banking still used the Law by District Court as an alternative of the settlement for the Sharia banking disputes because the legal counseling about the forum of settlement for the sharia banking disputes was not effective yet as stipulated in Article 55 Paragraph (1) of the Law No. 21/ 2008 regarding Sharia Banking in conjunction to Article 49 of the Law No. 3/ 2006 regarding the Religious Jurisdiction which states that it assertively gives the absolute authority to the Religious Jurisdiction to receive and settle the sharia economic disputes including the sharia banking disputes; there is a factor of the readiness ofthe Religious Jurisdiction to settle the sharia banking disputes;the next factor was that the judge of the District Court did not refuse the lawsuit addressed to him even though it was obvious that the absolute authority is possessed by the Religious Jurisdiction; another factor was that there was lack of trust from the customers of sharia banks to the Religious Jurisdiction; because the Religious Jurisdiction was so far considered to only settle the divorce cases. Furthermore, the results also showed that the judge viewed that these provisions are contrary to Article 28D Paragraph (1) of the 1945 Constitution explaining that every person shall have the right of recognition, guarantees, protection and certainty before a just law, and of equal treatment before the law. The settlement for the sharia banking disputes in accordance with the contract contents after the Constitutional Court Verdict No. 93/PUU-X/2012 tend to have changed the clausal forum for the dispute settlement, which previously referred to the District Court, now it refers to the Religious Jurisdiction and Basyarnas (National Sharia Arbitration Agency). It can be seen in the contracts made at some Sharia Banks in Indonesia, such as Bank Syariah Mandiri, Bank BRI Syariah, Bank Muamalat Syariah, Bank Sumut Syariah, and Bank BTN Syariah.

Pemenuhan Hak Konsumen melalui Perlindungan Hak Merek

2020 ◽  
Vol 2 (1) ◽  
pp. 33
Author(s):  
Dias Bintang Wibisono ◽  
Mozes Reynaldo Christanto
Keyword(s):  
Exchange Rate ◽  
Goods And Services ◽  
Consumer Rights ◽  
Trademark Protection ◽  
The Exchange Rate ◽  
The Right

If we studied deeper, fulfillment of consumer rights especially, The right to comfort, security, and safety in consuming goods and or services; The right to choose goods and or services and to obtain goods and or services in accordance with the exchange rate and conditions and guarantees promised; The right to true, clear and honest information about the condition and guarantee of goods and services has a relationship with the trademarks protection. Trademark protection  has been understood to be limited to the protection of trademark owners and there is no relationship between trademark and consumers. Though some of the rights received by consumers can actually be associated with the existence of a trademark protection.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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