Disparitas Putusan Mengenai Persamaan Pada Pokoknya Pada Merek Predator (Studi Putusan Nomor 1146 K/Pdt.Sus-Hki/2020)

The cases of trademark infringement on substantial similarity still relatively common in Indonesia. This article aims to analyze the basis for the judge's consideration in the decision Number 1146 K / Pdt.Sus-HKI / 2020. This is based on the disparity of Decision Number 69 / Pdt.Sus / Mark / 2019 / PN with Decision Number 1146 K / Pdt.Sus-HKI / 2020. This research uses doctrinal research using statute, case, and conceptual approaches. The results showed that the judges' basic considerations were not in accordance with regulations and several legal concepts. First, that the trademark protection system based on territorial territory and the first to file system principle should not be used as a basis for consideration. Second, that the two brands are basically similar because of the similarities in the dominant element and the similarity in sound or speech with the addition of the same class of goods. Third, the word "predator" cannot be categorized as a generic word, because the word predator has been added with a logo as a condition for a research, excluding generic brands. As a recommendation in deciding this matter, regarding the existence of bad faith, due to bad faith, a cancellation of a registered mark can be submitted indefinitely.

Typology and effects of economic sanctions on foreign trade

Economic sanctions are defined in the dictionary of economics, in general, as ,,prohibitive economic measures applied by the international community on the export and/ or import of material goods, services, resources, etc. to or from a particular country”. The types of sanctions range from personal restrictions to almost total bans on international trade with one or more countries, which can be extended even to restrictions on legal rights such as trademark protection and other intellectual property. Sometimes sanctions can be included as part of protectionist measures representing behaviors designed to increase wealth without creating wealth, the most famous cases being attempts to force a country's authorities into desirable political action. Usually, these attempts target political and economic leaders, businesses and assets that are considered vulnerable to external pressures. Although some doubt the effectiveness of sanctions, the prevailing opinion is slightly in their favor.

USKLAĐIVANjE PRAVA ŽIGA REPUBLIKE SRBIJE SA PRAVOM ŽIGA EVROPSKE UNIJE – IZMENE ODREDABA O NAKNADI ŠTETE U NOVOM ZAKONU O ŽIGOVIMA

In the middle of the coronavirus crisis in 2020 Serbian Parliament has enacted the new Trademark Law (“Official Gazette of Republic of Serbia” No. 6/2020). With this law, many changes came along in trademark protection, especially in the infringement domain. Namely, the greatest changes that have occurred are the introduction of non-material damages recuperation for trademark infringement, and appropriation of the profits. Also, the treble damages reimbursement is now excluded from the Serbian Trademark Law. These changes are conducted to harmonize Serbian law with the Directive 2004/48/EC. However, it is still necessary to examine if there was a possibility that these new institutes lead us again to the penalty damages, even after treble damages exclusion. For this reason, the author of this paper will try to trace the origin of these changes trough examining the legal history and conducting comparative research, then he will examine the essence and the nature of these new institutes using analysis and dogmatic method.

Features of Extraterritorial Protection of Trademarks

The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.

Dilution Versus Unfair Advantage: Myths and Realities

Recent developments in the commercial marketplace have rendered the classification of trademarks as mere tools for remedying information asymmetry and assuring quality inaccurate. The value of trademarks as communicative tools has increased, and they are now being used by their owners to transmit images, value propositions and associations to consumers in order to drive purchases. However, while this new function of trademarks is a reality that can hardly be ignored, finding a convincing normative justification to legally support its integration into the trademark system remains problematic. Thus, building on the normative justifications advanced by the European Union (EU) to justify extended trademark protection, this paper evaluates the dilutive harm theory, including blurring and tarnishment, in addition to the misappropriation rationale. The paper reviews EU case law in this respect and sheds light on the current muddled state of law in dealing with extended trademark protection. Based on this analysis, the paper offers a workable framework which can be utilized by courts to address cases related to modern trademark functions. The paper concludes that the misappropriation rationale should be the principal ground for extending trademark protection, and that harm resulting from blurring and tarnishment should act as an ancillary for misappropriation claims.

Juridical Analysis of Regulation Controling of Import or Export of Goods That are Suspected or Originating of Intellectual Property Infringment, Particularly on Registered Trademark

Protection of intellectual property laws can be started from the action of preventing the entry or exit of goods from a country. The Directorate General of Customs and Excise, Ministry of Finance of the Republic of Indonesia, which is the implementing agency in the customs sector, can control the import or export of goods suspected of being or originating from the result of intellectual property infringement. It is a financial activity involving several institutions including the Directorate General of Customs and Excise, the Ministry of Finance of the Republic of Indonesia as executor, the Directorate of Trademarks, the Ministry of Law and Human Rights as the institution that issues trademark rights and the Commercial District Court to exercise judicial authority. Its implementation, regulations have been made regarding the processes and conditions for controlling the export and import of goods, which accommodate the interests of the state as a regulator with the aim of regulating and harmonizing customs regulations and trademark law and the interests of rights holders or mark owners as the injured party if there is an infringement. However, there are arrangements that are "considered" to be detrimental to the right holder or registered mark owner, that is in relation to the domicile of the party applying for trademark protection in the customs area. This research uses a normative research type and a statue approach as well as a conceptual approach. So that with this research the brand owners or rights holders can determine the right steps to protect the registered marks in accordance with applicable regulations.

No Trademark Protection for Artworks in the Public Domain – A Practical Guide to the Application of Public Order and Morality as Grounds for Refusal

With its 2017 landmark decision in Vigeland, the Court of Justice of the European Free Trade Association States (EFTA Court) has paved the way for the invocation of public order and morality as grounds for refusal when trademark protection is sought for cultural expressions in the public domain. Dealing with an attempt to register artworks of the famous Norwegian sculptor Gustav Vigeland as trademarks, the EFTA Court took this step to safeguard the public domain status of literary and artistic works after the expiry of copyright, shield cultural creations against ‘commercial greed’ and ensure the freedom of the arts.1 Trademark examiners and judges seeking to follow in the footsteps of the EFTA Court, however, may find it difficult to operationalize the Vigeland criteria and put corresponding arguments for refusal into practice. Against this background, the following analysis provides guidelines for the practical application of public order and morality arguments in cultural heritage cases. It describes problems arising from the grant of trademark rights in cultural public domain material (Section I) and the traditional reluctance of trademark offices and courts to rely on public order and morality considerations in this context (Section II). After this statement of the problem, the criteria following from the Vigeland decision will be introduced (Section III) before we explore the practical implementation of the EFTA Court’s morality (Section IV) and public order (Section V) arguments in more detail. The final Section VI summarizes the results of the analysis.

Industrial Intellectual Property as the EU’s Innovative Development Factor

The article addresses correlation between the use of different intellectual property objects and the general goals of innovation policy of the EU. The subject of the research is industrial intellectual property along with trademarks and patents for inventions. The research period is limited to 2010‒2019. Based on the data from annual European innovation board and analysis of the dynamics of the activity of the EU member states in the field of intellectual property, the author identifies a group of EU countries that have the biggest potential in the use of the stipulated industrial property. It is show that trademark protection is mostly used in the medium and high-tech industries of the sample countries. However, there is a certain differentiation in the scale and dynamics of its application. Moreover, the author points out a high interest of the third countries such as USA, Japan and China in obtaining competitive advantages in the EU market through registration of a trademark in the European Union intellectual property office. The unified patent system in the EU is still at the preliminary stage as the most used national patent systems within the EU are the German and the French ones. The analysis demonstrates advantages of intellectual property systems in the Netherlands and Sweden. The author concludes that the successful implementation of the EU innovation policy through the creation of a system of exclusive industrial property rights is under way.

Trademark infringement recognition assistance system based on human visual Gestalt psychology and trademark design

Trademarks are common graphic signs in human society. People used this kind of graphic sign to distinguish the signs of representative significance such as individuals, organizations, countries, and groups. Under effective use, these graphic signs can bring maintenance and development resources and profits to the owner. In addition to maintenance and development, organizations that have obtained resources can further promote national and social progress. However, the benefits of these resources have also attracted the attention of unfair competitors. By imitating counterfeit trademarks that appear, unfair competitors can steal the resources of the original trademark. In order to prevent such acts of unfair competitors, the state has formulated laws to protect trademarks. In the past, there have also been researches on similar trademark searches to assist in trademark protection. Although the original trademark is protected by national laws, unfair competitors have recently used psychological methods to counterfeit the original trademark and steal its resources. Trademarks counterfeited through psychology have the characteristics of confuse consumers and do not constitute infringement under the law. Under the influence of such counterfeit trademarks, the original trademark is still not well protected. In order to effectively prevent such trademark counterfeiting through psychology, this article proposes new features based on trademark design and Gestalt psychology to assist legal judgments. These features correspond to a part of the process that is not fully understood in the human visual system and quantify them. In the experimental results, we used past cases to analyze the proposed assistance system. Discussions based on past judgments proved that the quantitative results of the proposed system are similar to the plaintiff or the judgment to determine the reasons for plagiarism. This result shows that the assistance system proposed in this article can provide visually effective quantitative data, assist the law to prevent malicious plagiarism on images by unfair competitors, and reduce the plagiarism caused by the similar design concepts of late trademark designers.