LEGAL PROTECTION FOR BUSINESS ACTORS AGAINST THE CRIMINAL ACT OF TRADEMARK SQUATTING OF THE GAJAH DUDUK SARONG BRAND (CASE STUDY OF SUPREME COURT DECISION NUMBER 438/PID. SUS/2023/PT SMG)

Nasya Zulaekha Putri Algamar, . (2024) LEGAL PROTECTION FOR BUSINESS ACTORS AGAINST THE CRIMINAL ACT OF TRADEMARK SQUATTING OF THE GAJAH DUDUK SARONG BRAND (CASE STUDY OF SUPREME COURT DECISION NUMBER 438/PID. SUS/2023/PT SMG). Syiah Kuala Law Journal, 8 (3). pp. 420-433. ISSN 2580-9059

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Official URL: https://jurnal.usk.ac.id/SKLJ/article/view/42544

Abstract

Intellectual property issues, particularly those pertaining to trademark squatting, represent a significant challenge for businesses in Indonesia. This illicit practice, which entails the registration or utilisation of a trademark without the consent of the proprietor, has the potential to disrupt business continuity and inflict substantial financial losses. A notable example is the Gajah Duduk Sarong trademark dispute, in which PT Pisma Abadi Jaya was found to have engaged in trademark squatting, resulting in losses amounting to up to Rp. 25,200,000,000.00 (twenty-five billion two hundred million rupiah). The case was found to be in contravention of Article 100, paragraph (1) of Law Number 20 Year 2016, which provides for criminal sanctions in the form of imprisonment for a maximum of five years and/or a fine of up to two billion rupiah. This research employs a normative legal approach, which entails an analysis of laws and regulations, legal concepts, and case studies, with the objective of evaluating the legal protection and considerations of the judiciary in this case. The findings of this research are anticipated to reinforce the legal protection of business actors and provide strategic recommendations to prevent trademark squatting in Indonesia.

Item Type:	Article
Additional Information:	No. Panggil : 2110611292] [Pembimbing : Handoyo Prasetyo] [Penguji 1 : Kayus Kayowuan Lewoleba] [Penguji 2 : Mulyadi]
Uncontrolled Keywords:	Trademark Squatting, Legal Protection, Intellectual Property Rights, Business Actors, Trademark Disputes
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	NASYA ZULAEKHA PUTRI ALGAMAR
Date Deposited:	13 Feb 2025 06:55
Last Modified:	13 Feb 2025 06:55
URI:	http://repository.upnvj.ac.id/id/eprint/35376

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