Pembatalan Merek di Pengadilan Niaga Medan (Studi Putusan No. 03/Merek/2008/PN.Niaga/Medan)

Abstract

Brand regulated in Law No. 15 of 2001, in which the brand itself is one part of Intellectual Property Rights , which is the " property rights" someone / some people together is absolute , exclusive and has a limited period of time . As wealth for its owners , the brand has benefits and are useful for human life as well as economic value . As an intellectual property dispute brand also has aspects , which will be discussed in this review about the cancellation of the brand by analyzing Decision No. . 03/Merek/2008/PN.Niaga/Medan . Based on the above , the formulation of the problem is the following : how the cancellation of the trademark dispute resolution in the Commercial Court of Medan, whether the obstacles encountered in trademark cancellation settlement in the Commercial Court of Medan and whether the legal consequences of the cancellation of the brands carried by the decision of the Commercial Court No. Field . 03/Merek/2008/PN.Niaga/Medan . The results of the research and discussion describes the plaintiff as the registered trademark owner claims filed suit in the Commercial Court where the Defendant is domiciled . Prior to the examination in the trial of the suit in the first judges make efforts to mediate between the disputing parties . If the mediation is successful the efforts made peace deed, and a hearing to dispute the brand dispensed with because the parties have agreed to terms. Conversely, if the mediation is achieved then carried the brand through dispute settlement proceedings in the Commercial Court. Obstacles encountered in trademark cancellation settlement in the Commercial Court judge Medan is only to implement the mechanism of formal , do not attempt to find the best solution in case handling . While the constraints contained in the settlement cancellation brand through field trial in the Commercial Court is a lengthy proceedings and court fees are quite large . Legal consequences of the cancellation of the brand carried by the decision of the Commercial Court No. field. 03/Merek/2008/PN.Niaga/Medan mark concerned is the elimination of the General Register . Removal of trademark registration is done by the Directorate General of Intellectual Property Rights by crossing out the brand in question from the General Register. Since the date of the write-off of the General Register, certificate brand in question is no longer valid that automatically result in the expiration of the legal protection of the brand in question