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Perlindungan Hukum Kepada Pemilik Merek PS Glow Berdasarkan Putusan Pengadilan Niaga Surabaya Nomor 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby Nurhayati Nurhayati; Teng Berlianty; Theresia Nolda Agnes Narwadan
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10839

ABSTRACT: Disputes over the use of the Ms Glow trademark, which has similarities in principle to the Ps Glow trademark, so the authors researched to analyze and understand the decision of the Surabaya Commercial Court Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby in providing legal protection to the brand owner and aims to analyze and understand the legal remedies that can be taken by the owner of the Ps Glow brand against a partially granted decision. This research is normative juridical research conducted using statutory approaches, conceptual approaches, and case approaches. Then the sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The legal material collection technique used was the collection of legal literature which was then analyzed using qualitative methods. The results of this study indicate that the Surabaya Commercial Court Decision Number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby has provided legal protection to brand owners by giving recognition to brand owners in the form of exclusive rights or the sole right to trademarks. Legal actions that can be taken by the owner of the Ps Glow brand against the decision which was partially granted was by cassation. This refers to the Trademark Law which regulates legal remedies for trademark cancellation disputes directly to the cassation level because in resolving trademark disputes there are no appeals but direct appeals

Perlindungan Hukum Terhadap Kreditur Atas Jaminan Hutang Berupa Hak Cipta Konten Youtube Elvira Lorna Fidelia Zai; Theresia Nolda Agnes Narwadan; Muchtar Anshary Hamid Labetubun
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10844

ABSTRACT: In Government Regulation Number 24 of 2022 Concerning the Creative Economy, it makes it easy for creative economy actors who have intellectual property rights certificates through this regulation, the Government gives permission to content creators who already have intellectual property certificates to serve as bank credit guarantees. However, there are still confusions in this implementation because the creditor will suffer losses when the debtor's default occurs because the collateralized asset is blocked. so that the valuation of assets in the form of intellectual property rights on the youtube channel is very difficult to do based on Article 25 paragraph 1c Law 24/1999 concerning fiduciary guarantees stipulating that fiduciary guarantees are deleted due to the destruction of objects that are objects of fiduciary guarantees automatically bank financial institutions suffer losses. The research method used is normative juridical, using a problem approach, namely the statutory approach and contextual approach, the sources of legal materials used are primary, secondary and tertiary legal materials. The legal material collection technique used was library legal material collection, which was analyzed using qualitative methods. The results of this study indicate that legal protection for creditors for copyrighted YouTube content is in the form of copyright, namely through preventive legal protection provided by the government in the form of prevention before violations occur, efforts are made to prevent violations from occurring, namely the application of judgment on banks to carry out the precautionary principle when giving credit to customers by conducting judgments on private customers, businesses and collateral objects provided by customers and repressive protection, namely final protection in the form of sanctions and punishments carried out through executorial titles. Settlement of disputes with YouTube content copyright as collateral is litigation settlement by filing lawsuits with commercial courts and non-litigation with settlements through negotiation, mediation and conciliation.

Perlindungan Hukum Terhadap Indikasi Geografis Milik Indonesia Yang Telah Terdaftar Sebagai Merek Oleh Pengusaha Asing Febriyanti Abdul Kadir; Merry Tjoanda; Theresia Nolda Agnes Narwadan
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10845

ABSTRACT: Legal protection for geographical indications is regulated in TRIPs article 22 paragraph 3 which determines: "A member, ex officio if his legislation permits or at the request of an interested party refuses or cancels the registration of a trademark containing or constituting a geographical indication in relation to goods that are not originating from the area mentioned if the use on behalf of a geographical indication in a trademark for goods misleads the members of the community regarding the actual area of origin.” There are several cases of violations of geographical indications belonging to Indonesia which were registered as trademarks by foreign businessmen, namely the case of Toraja coffee which was registered in Japan as a coffee brand with the name Toarco Toraja by the company Key Coffee Inc Corporation. The second case is the Gayo coffee brand which is claimed to belong to a Holland Coffee company from the Netherlands which is registered at European Coffee Bv under the name Gayo Mountain Coffee. The research method used is normative juridical, using statutory approaches, conceptual approaches. Sources of primary, secondary and tertiary legal materials. The technique of collecting legal materials is library research, journals, internet media, which are analyzed using qualitative methods. The results of the study show that legal protection for geographical indications belonging to Indonesia that have been registered as trademarks by foreign entrepreneurs consists of preventive legal protection in the form of registration of geographical indications to the director general of intellectual property rights, and repressive legal protection in the form of appeals, use of marks that are the same as geographical indications, deletion of indications geographic, civil and criminal law enforcement. Efforts to resolve cases of infringement of geographical indications belonging to Indonesia that have been registered as trademarks by foreign entrepreneurs, can be resolved by means of litigation and also by means of non-litigation.

Tanggung Gugat Terhadap Maskapai Penerbangan Akibat Perlakuan Buruk Terhadap Penyandang Disabilitas Julieta Britney Wattimena; Teng Berlianty; Theresia Nolda Agnes Narwadan
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10846

ABSTRACT: The treatment of persons with disabilities is regulated specifically, so as to provide equality for all people in obtaining facilities. However, in the case that happened to Ridwan Sumantri, in fact it was the opposite, Ridwan Sumantri is a person with a disability who in this case is unable to walk (paralyzed) and has to use a wheelchair wherever he is when traveling. Ridwan Sumantri as a person with a disability did not receive special treatment at all in the form of a companion escorting Ridwan as a person with a disability which should have been provided by the airport in this case Angkasa Pura and the airline in this case (LionAir airline). To find out and analyze legal protection for persons with disabilities who are discriminated against and find out and analyze liability against airlines due to discrimination for persons with disabilities. This research is included in normative legal research, namely research examining various positive legal provisions, various legal principles, legal principles and doctrines in order to answer the legal issues at hand. Ridwan Sumantri has been deemed to have fulfilled the elements of discrimination and violated the rights of passengers with disabilities on board the plane. The principle of persons with disabilities, as stipulated in Article 2 letter a of the Law on Disabilities in genera. Indeed, this interest relates to a power whose implementation is guaranteed and protected by law. Apart from that, Angkasa Puran and Lion Air Group Airlines as airline service providers should also be suspected of having violated Article 134 paragraph 1 and paragraph 2 of the Aviation Law, and Article 7 of the Consumer Protection Law concerning the obligations of business actors/service providers.

Tanggung Gugat Pelaku Usaha Jasa Laundry Fasrum F Kastella; Teng Berlianty; Theresia Nolda Agnes Narwadan
PATTIMURA Law Study Review Vol 1 No 1 (2023): Agustus 2023 PATTIMURA Law Study Review
Publisher : Faculty of Law Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/palasrev.v1i1.10848

ABSTRACT: Laundry services are needed not only by households but also by students and society in general. It is currently proven to be found around settlements and its surroundings. The community's need for laundry services must be balanced with the responsibilities of business actors in maintaining the quality of service and ensuring that consumers do not lose, scarcity or damage to the clothes being laundered. As already regulated in Article 4 UUPK No 8 of 1999. The problem in this research is how the position of the parties in the laundry service business activities and what are the goals of the laundry service business actors as a result of default. The purpose of this research is to analyze and assess how the position of the parties in laundry service business activities and what are the goals of laundry service business actors due to default. The research method used is normative juridical, the problem approach used is the statutory approach (statue approach) and the conceptual approach (conceptual approach), the legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique of collecting legal materials is a literature study. The results of this study indicate the position of the parties in the laundry service business activities as business actors and the goals of the laundry service business actors due to default, the rights of consumers who use laundry services are not fulfilled by the laundry service business actors, so that the consumers who have experienced losses should or default caused by the laundry service business actor, then the laundry service business actor must be held accountable for actions that result in default on consumers.

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