Kedudukan Pemeriksaan Substantif Terhadap Keabsahan Sertifikat Merek

Abstract

This research is motivated by the rise of plagiarism and brand imitation by products owned by business actors caused by various things. One of them is due to the development of production activities for goods or services where the registered brand has a high value of interest and is known by consumers in the community. As an effort to prevent fraud or plagiarism and the scope of the business that can cause harm to other parties. So the Government requires businesses to register trademarks of the products or services they want to trade, therefore the government issued a regulation namely Law number 20 of 2016 about Trademarks and Geographical Indications and registering these marks in order to obtain security and validity. This writing aims to determine the function of trademark registration and to prevent the occurrence of a common type of trademark of a product and to determine the position of substantive examination of the validity of the brand certificate based on the provisions of the applicable laws in Indonesia. This research is a descriptive normative law research with an empirical juridical approach. The data source of this research came from primary data in the form of interviews with judges at the Medan District Court, and secondary data consisting of primary, secondary and tertiary law. Data collection tools are carried out by studying documentation or studying literature. The analysis technique used in this study is qualitative data analysis. Based on the results of the research discussion, several conclusions are drawn, namely, based on the legal provisions of the trademark, intellectual property rights in a substantive examination of the validity of the trademark certificate regulated in Law number 20 of 2016 about Trademarks and Geographical Indications which are part of the sign in the form of images, names, words , letters, numbers, color arrangements or distinguishing features used in the trade of goods or services. Trademarks are exclusive rights granted by the state to parties who have registered their trademarks at the Directorate General of IPR.