Tinjauan Yuridis Terhadap Penolakan Gugatan Sengketa Merek yang Dikaitkan dengan Rahasia Dagang (Studi Kasus Putusan No.5/Merek/2013/PN. Niaga Mdn)

Abstract

Brand as one of the intellectual property rights have a very important role in economic life, especially in the field of trade in goods. To differentiate a product that other similar trading activities within the group itself is closely related to production activities. Therefore, the discussion about the protection of a particular type of product through its brands becomes a very interesting study. Problems in the thesis is the claim rejection factors associated trademark disputes with trade secrets on Decision No.5 / Brands / 2013 / PN. Commerce Mdn and how as a result of the rejection law suit trademark disputes associated with trade secrets on Decision No.5 / Brands / 2013 / PN. Commerce Mdn. The purpose of this study was to determine the answer to the problems discussed. The research method is to use 2 (two) methods: Research Library (Library Research) is to conduct research on a variety of reading materials, namely books, magazines law, the opinion of the scholars, rule of law and lecture materials. Field Research (Field Research) is by doing spaciousness in this case the direct authors conducted a study on the Commercial Court in the Medan District Court to take Decision No. 5 / Brands / 2013 / PN. Commerce Mdn to be analyzed. Factors that cause rejected the lawsuit on trademark disputes associated with trade secrets on Decision No.5 / Brands / 2013 / PN. Commerce Mdn is due to the plaintiff can not prove the argument of the lawsuit that claimed the defendant has committed an unlawful act and also according to regulations merger dispute lawsuit between brands and trade secret disputes can not be justified. In Decision No.5 / Brands /2013/ PN. Commerce Mdn legal consequences of rejection lawsuit brand associated with trade secret is the payment of court fees incurred by the plaintiff. Due to the arguments of the plaintiff can not prove the claim for compensation arising from the defendant and complaint filed unacceptable The government should better inform and inform the general public about the existence of legislation that must be followed and adhered to, especially regarding Brand and Trade Secrets. So that people know about the procedures and provisions regarding the brand and not abuse the brand for bad things that could harm others. As the people of Indonesia should we have to be more creative in making work that can help our accomplishments and of course for the Indonesian state itself that has exclusive rights from the work that we make and can help the economy itself and also the economy of our country Indonesia