Analisis Yuridis Tentang Pendaftaran Merek Dagang Kopi Gayo yang Didaftarkan oleh Perusahaan Holland Coffee yang Berasal dari Belanda
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Institusion
Universitas Islam Riau
Author
Rinaldi, Aditya
Subject
K Law (General)
Datestamp
2022-03-29 10:15:55
Abstract :
Abstract In Indonesia, geographical indications are still unfamiliar to most people. The Indonesian people mostly only know about Copyright, Trademarks and Patents, whereas when seen from its function, the role of Geographical Indications is also important with other IPR factions. Geographical Indications will help protect Indonesian products from various threats originating from foreign parties. This caused the Indonesian geographical indication to be claimed by the Dutch as its trademark. Holland Coffee had registered it as a trademark of the company with the registration number CTM No.001242965 registered at the Office for Harmonization in Internal Market (OHIM). If there were any company or other party who want to market this product, they must first get permission from the Dutch Coffee which is included in the case whether or not permitted to use the name Gayo including CV Arvis Sanada.CV Arvis Sanada is one of the exporters of Aceh Gayo Arabica coffee which is prohibited from exporting to mainland Europe with use the word Gayo in its packaging, where the seeds actually originated from Gayo Aceh. In this study the authors raised two problem formulations, namely whether the registration of Holland Gayo Coffee has violated the provisions of Law Number 20 Year 2016 on Geographical Marks and Indications and the TRIPs Agreement and How the legal protection provided by the Indonesian Government to Gayo coffee registered by Holland Coffee . This study uses a type of juridical normative research or library research. The characteristic of this research is analytical descriptive, which analyzes legislation related to the legal theory of the object of research. This study concludes that the TRIPs agreement regulates the legal protection of Geographical Indications in Articles 22-24 and requires Members to provide legal means. In Indonesia, Geographical Indications are still part of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications. The best alternative to cancel the registration of Gayo Coffee by Holland Coffee is by filing an objection to OHIM in order to cancel the mark.
Abstract In Indonesia, geographical indications are still unfamiliar to most people. The Indonesian people mostly only know about Copyright, Trademarks and Patents, whereas when seen from its function, the role of Geographical Indications is also important with other IPR factions. Geographical Indications will help protect Indonesian products from various threats originating from foreign parties. This caused the Indonesian geographical indication to be claimed by the Dutch as its trademark. Holland Coffee had registered it as a trademark of the company with the registration number CTM No.001242965 registered at the Office for Harmonization in Internal Market (OHIM). If there were any company or other party who want to market this product, they must first get permission from the Dutch Coffee which is included in the case whether or not permitted to use the name Gayo including CV Arvis Sanada.CV Arvis Sanada is one of the exporters of Aceh Gayo Arabica coffee which is prohibited from exporting to mainland Europe with use the word Gayo in its packaging, where the seeds actually originated from Gayo Aceh. In this study the authors raised two problem formulations, namely whether the registration of Holland Gayo Coffee has violated the provisions of Law Number 20 Year 2016 on Geographical Marks and Indications and the TRIPs Agreement and How the legal protection provided by the Indonesian Government to Gayo coffee registered by Holland Coffee . This study uses a type of juridical normative research or library research. The characteristic of this research is analytical descriptive, which analyzes legislation related to the legal theory of the object of research. This study concludes that the TRIPs agreement regulates the legal protection of Geographical Indications in Articles 22-24 and requires Members to provide legal means. In Indonesia, Geographical Indications are still part of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications. The best alternative to cancel the registration of Gayo Coffee by Holland Coffee is by filing an objection to OHIM in order to cancel the mark.
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