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UNSUR KEBARUAN DALAM DESAIN INDUSTRI KEMASAN MINUMAN JAHE Allya Nadhira Putri; Simona Bustani
Reformasi Hukum Trisakti Vol. 4 No. 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

In accordance with Article 2 of the Industrial Design Law, PT Total Asri Sumber Alam and PT Aneka Boga Citra engaged in an industrial design dispute over the alleged lack of novelty in the packaging for ginger beverages held by PT Aneka Boga Citra. The main issue is how to evaluate the novelty of the ginger beverage packaging industry design in order to obtain industrial design rights based on the Industrial Design Law and what are the legal ramifications of the Supreme Court's decision to declare the dispute over the novelty of the ginger beverage packaging industrial design that belongs to PT Total Asri Sumber Alam with ginger beverage packaging industry design owned by PT Various Boga Citra. The research is normative legal research, descriptive in nature, using secondary data, described qualitatively and conclusions are also by deductive method. This results because of the industrial design of PT Aneka Boga Citra has a configuration of shapes, images and color composition that is similar to the industrial design previously published by PT Total Asri Sumber Alam, then the industrial design of PT Aneka Boga Citra is not a new industrial design in line with Article 2 of the Industrial Design Law.

ANALISIS PERLINDUNGAN AHLI WARIS MEREK SETIA HATI TERATE BERDASARKAN UNDANG-UNDANG MEREK Suci Lestari; Simona Bustani
Reformasi Hukum Trisakti Vol. 3 No. 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The Legal protection for the heirs of the Setia Hati Terate brands is registered under Law no. 20 of 2016 concerning Brands and Geographical Indications, provides an overview of the suitability of the Supreme Court Judge's decision Number 40K/Pdt.Sus.HKI/2021 with Law No. 20 of 2016 concerning Brands and Geographical Indications. The case is about trademark cancellation requests against brands held by the heirs of the brands. So, the problem in this research explains that basically legal protection for the heirs of trademark rights holders is part of the purpose of the law itself. The research discussion shows that legal protection for trademark rights holders is part of the purpose of the law itself. This type of research is normative and analyzed qualitatively. The opinion of several experts argue that the purpose of law is to protect the interests of the community, and also interprets that the purpose of law is to regulate order in society, and others. The conclusion of this research is in the form of how the legal protection for the heirs of trademark rights holders based on Law no. 20 of 2016 concerning Marks and Geographical Indications.

PERLINDUNGAN TERHADAP PENCIPTA APLIKASI CXM (STUDI PUTUSAN NOMOR 60/PDT.SUS-HAK CIPTA/2020) Amelia Nofianti; Simona Bustani
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Today companies find it difficult to maintain ownership of computer program copyrights. One of the copyright ownership cases for the CXM application was PT Telekomunikasi Indonesia with a programmer named Iman Fauzan Syarief where Iman claimed the application copyright belonged to him. The formulation of the problem is how is the legal protection for the creator of the CXM application which was previously registered in the name of Iman Fauzan Syarief based on the UUHC and what is the impact of recording the copyright of the CXM application on behalf of Iman Fauzan Syarief to PT Telkom based on UUHC. This research method uses normative research methods, is descriptive using secondary data and primary data, and draws conclusions by deductive method. The results of the research, discussion and conclusion are that the legal protection for the creator of the CXM Application is protected under Articles 33, 34, 35 and 37 UUHC and PT Telkom is declared the creator, and the recording of the CXM Application by programmer Iman Fauzan Syarief does not give birth to a copyright.

ANALISIS HUKUM PERLINDUNGAN PENCIPTA ATAS KOMERSIALISASI LAGU YANG DILAKUKAN OLEH TELEVISI INDOSIAR Fadyah Suci Wulandari; Simona Bustani
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Protection of Intellectual Property Rights on copyright which includes economic rights and moral rights of the creator and/or copyright holder is needed, with the violation of the announcement and/or reproduction of copyrighted works that are not done with permission or license agreement. The formulation of this problem is how the arrangement of the legal protection of songwriters Bukan Pengemis Cinta based on the Copyright Act and how the role of LMK and LMKN in copyright protection. The research method used is normative, this research is descriptive, the type of data used is primary and secondary data, qualitative data analysis, and methods to draw conclusions using deductive logic. The results of this research, discussion and conclusion are the legal protection arrangements of creators and / or copyright holders have been regulated in UUHC in 2014 and PP No. 56 of 2021 this confirms the mandate of UUHC 2014 regarding royalty payments, LMK and LMKN play an important role for that, the establishment of this Institution is a way of solving problems experienced by creators and/or copyright holders who often experience obstacles in maintaining their economic rights to the commercialization of their copyrighted works.

PRINSIP ITIKAD BAIK DALAM PENDAFTARAN MEREK TYPE R MILIK HONDA MOTOR CO. LTD (STUDI PUTUSAN NOMOR 42/PDT.SUS-MEREK/2019/PN.NIAGA.JKT.PST) Widya Ananda; Simona Bustani
Reformasi Hukum Trisakti Vol. 3 No. 3 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The case of cancellation of registered trademark Handy Wijaya related to the element of bad faith in the registration of the trademark is similar in essence to the famous trademark of Honda Motor Co., Ltd. The problem is: how is the regulation of the principle of good faith in the registration of the TYPE R trademark owned by Honda Motor Co., Ltd. based on Law Number 20 of 2016 concerning trademarks and why the principle of good faith is not used as one of the legal considerations based on decision Number 42/Pdt.Sus-Merek/2019/PN.Niaga.Jkt Pusat. It is normative and qualitatively. The results of research, discussion and conclusion that the TYPE R Trademark owned by Handy Wijaya, proven to have similarities in essence with the Type R Trademark owned by Honda Motor Co., Ltd. regarding the shape, way of placement, way of writing, combination of elements or similarity of speech sounds which violates the principle of good faith in trademark registration in accordance with Law Number 20 of 2016 concerning Trademarks and Geographical Indications, where Handy Wijaya has been proven to register his trademark in bad faith which causes Handy Wijaya's TYPE R trademark to be canceled with all its consequences.

PERLINDUNGAN HUKUM HAK PATEN ALAT STERILISASI UNTUK PENGOLAHAN TANDAN-TANDAN KELAPA SAWIT Maulana Rizki Nov; Simona Bustani
Reformasi Hukum Trisakti Vol. 5 No. 3 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i3.16789

The patent holder is the party who gets the exclusive right and the person who gets the exclusive right from the inventor. In the case between FWT and PT. SKL and PT. PKBR in the FWT case owned a patent for a palm oil sterilization tool, but PT.SKL and PT.PKBR used the patent without permission, in Court Decision 46/Pdt.Sus-Paten/2020/PNNiagaJkt.Pst. the judge rejected the exception of PT. SKL and PT. PKBR and in the main case rejected FWT's lawsuit against the lawsuit filed. Formulation of the problem: how is the legal protection for the patent holder of the invention? This article is a normative legal research, descriptive, using secondary data, qualitative data analysis, deductive conclusion. The results of the research, discussion and conclusion are that the judge's decision is not in accordance with the time of the incident, that the judge's decision declaring the plaintiff's convention lawsuit rejected does not provide a sense of legal protection for the plaintiff. So that the legal protection of patents for sterilizers for processing oil palm bunches and similar fruits in court decisions does not reflect the mandate of Law 13/2016.

ANALISIS YURIDIS TERHADAP PENERIMAAN PATEN PUBLIC DOMAIN PEMBUNGKUS BERGELEMBUNG YANG DI PATENKAN KEMBALI DI INDONESIA (STUDI PUTUSAN NOMOR 44/PDT.SUS-PATEN/2020/PN.NIAGA.JKT.PST): Juridical Analysis of The Acceptance of Public Domain Patents of Bubbly Wrappers Re-Patented in Indonesia (Study Decision Number 44/Pdt. SUS-Patent/2020/Pn. Trade. Jkt. Pst Shirley Natasha; Simona Bustani
AMICUS CURIAE Vol. 1 No. 2 (2024): Amicus Curiae
Publisher : Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v1i2.19801

Patents are exclusive rights that the state grants to inventors based on the results of inventions carried out by themselves or approves other parties to do it in the field of technology within a certain period of time. The formulation of the problem is whether a simple patent for a simple colored bubble wrap which has become a public domain in the United States has the novelty to be registered in Indonesia and what is the decision of a commercial court judge in a simple patent dispute regarding the public domain in Decision Number 44/Pdt.Sus-Paten/2020/ PN.Niaga.Jkt.Pst based on Law no. 13 of 2016 concerning Patents. This research is a normative legal research type through the use of secondary data, which is supported by primary data. The nature of research is descriptive analysis, with qualitative analysis of the data. Based on the conclusion that patents that have been registered when viewed from Article 132 Law No. 13 of 2016 concerning patents can be canceled or abolished and the decision of the panel of judges at the commercial court is considered to be inappropriate in its considerations regarding the non-fulfillment of the element of novelty because it has not been careful with the existing problems and facts. In this case the judge should have been more observant in considering the provisions formulated by the Patent Law.

UNSUR KEBARUAN DALAM DESAIN INDUSTRI KEMASAN MINUMAN JAHE Allya Nadhira Putri; Simona Bustani
Reformasi Hukum Trisakti Vol 4 No 1 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i1.13427

In accordance with Article 2 of the Industrial Design Law, PT Total Asri Sumber Alam and PT Aneka Boga Citra engaged in an industrial design dispute over the alleged lack of novelty in the packaging for ginger beverages held by PT Aneka Boga Citra. The main issue is how to evaluate the novelty of the ginger beverage packaging industry design in order to obtain industrial design rights based on the Industrial Design Law and what are the legal ramifications of the Supreme Court's decision to declare the dispute over the novelty of the ginger beverage packaging industrial design that belongs to PT Total Asri Sumber Alam with ginger beverage packaging industry design owned by PT Various Boga Citra. The research is normative legal research, descriptive in nature, using secondary data, described qualitatively and conclusions are also by deductive method. This results because of the industrial design of PT Aneka Boga Citra has a configuration of shapes, images and color composition that is similar to the industrial design previously published by PT Total Asri Sumber Alam, then the industrial design of PT Aneka Boga Citra is not a new industrial design in line with Article 2 of the Industrial Design Law.

ANALISIS PERLINDUNGAN AHLI WARIS MEREK SETIA HATI TERATE BERDASARKAN UNDANG-UNDANG MEREK Suci Lestari; Simona Bustani
Reformasi Hukum Trisakti Vol 3 No 2 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v3i2.13441

The Legal protection for the heirs of the Setia Hati Terate brands is registered under Law no. 20 of 2016 concerning Brands and Geographical Indications, provides an overview of the suitability of the Supreme Court Judge's decision Number 40K/Pdt.Sus.HKI/2021 with Law No. 20 of 2016 concerning Brands and Geographical Indications. The case is about trademark cancellation requests against brands held by the heirs of the brands. So, the problem in this research explains that basically legal protection for the heirs of trademark rights holders is part of the purpose of the law itself. The research discussion shows that legal protection for trademark rights holders is part of the purpose of the law itself. This type of research is normative and analyzed qualitatively. The opinion of several experts argue that the purpose of law is to protect the interests of the community, and also interprets that the purpose of law is to regulate order in society, and others. The conclusion of this research is in the form of how the legal protection for the heirs of trademark rights holders based on Law no. 20 of 2016 concerning Marks and Geographical Indications.

PERLINDUNGAN TERHADAP PENCIPTA APLIKASI CXM (STUDI PUTUSAN NOMOR 60/PDT.SUS-HAK CIPTA/2020) Amelia Nofianti; Simona Bustani
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13598

Today companies find it difficult to maintain ownership of computer program copyrights. One of the copyright ownership cases for the CXM application was PT Telekomunikasi Indonesia with a programmer named Iman Fauzan Syarief where Iman claimed the application copyright belonged to him. The formulation of the problem is how is the legal protection for the creator of the CXM application which was previously registered in the name of Iman Fauzan Syarief based on the UUHC and what is the impact of recording the copyright of the CXM application on behalf of Iman Fauzan Syarief to PT Telkom based on UUHC. This research method uses normative research methods, is descriptive using secondary data and primary data, and draws conclusions by deductive method. The results of the research, discussion and conclusion are that the legal protection for the creator of the CXM Application is protected under Articles 33, 34, 35 and 37 UUHC and PT Telkom is declared the creator, and the recording of the CXM Application by programmer Iman Fauzan Syarief does not give birth to a copyright.

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