PERLINDUNGAN HUKUM ATAS HAK MERK PERUSAHAAN MELALUI SENGKETA ARBITRASE DI INDONESIA

Abstract

The purpose of this study is to determine and analyze the legal protection of corporate brands involved in disputes resolved through arbitration in Indonesia. Therefore, the author focuses the problems of this thesis on three things, first, how is the legal protection of corporate brands involved in disputes resolved through arbitration in Indonesia, second, how is the position and role of arbitration in resolving corporate brand disputes in Indonesia and finally how arbitration decisions in corporate brand disputes in Indonesia can be implemented effectively and recognized by the authorities. To solve these problems, the author uses a normative legal research method by collecting and reviewing applicable laws and regulations that are relevant to the problems discussed, especially those related to arbitration and also in this study assisted by a statute approach and a conceptual approach based on theories used by experts. The research results obtained based on the analysis and discussion found that there were The legal problem is the existence of unclear norms. Where the Arbitration Law does not explicitly mention trademark rights as an object of dispute that can be resolved through arbitration, although the Law provides space for arbitration agreements in various types of disputes. Legal protection based on the Principle of res judicata functions to ensure that decisions that have inkracht (have permanent legal force) cannot be challenged again. In relation to the results of the study, the author can provide recommendations, suggesting that special training be provided for arbitrators, training from the Indonesian Property Valuation Expert Society, so that an arbitrator has adequate competence.