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IDENTIFICATION FORM OF VIOLATIONS OF

TRADEMARK
(STUDY OF THE COMMERCIAL COURT DECISIONS SEMARANG)

A. INTRODUCTION
1. Background
Brand is the identity of an organization's product or company. By looking at
the brand, then ordinary people will immediately recognize the product so that it
can be said that the brand becomes the identity for the product. In an era of
business competition in the international and national level, the brand becomes a
tool crucial commodity. Conditions like these often lead to cases of forgery or
impersonation in the hope of fame trace previously established brand in the world
of business competition. The emergence of the same or similar brands often
confusing buyers and certainly detrimental to the previous owner of the mark.
2. Problem Formulation
Based on the above description it can be taken formulation of the problem as
follows:
1. 1. What kind of form of violations of trademark in the cases that occurred in the
Commercial Court in Semarang?
2. How legal efforts and legal actions of the state apparatus in anticipating and
handling disputes well known mark

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3. Research Objectives
This research aims as follows:
1. Knowing kind of form of violations of trademark in the cases that occurred in
the Commercial Court in Semarang
2. Knowing the legal efforts and actions of the state apparatus in order to anticipate
and handle disputes famous brand

B. RESEARCH METHOD
1. Nature Research
In the writing of this law used is a combination of legal research Normative and
Empirical legal research.
2. Data Collection Method
a. The research literature search of primary law, secondary legal materials and
legal materials tertiary
b. Field research is research conducted directly into the field to obtain the
necessary primary data, including: The location study was conducted in Semarang,
subjects of study are officers of the Commercial Court of Semarang in this case is
one of the Commercial Court J udge Semarang
3. Data Analysis
Data obtained include the results of the research literature (secondary data) and
data from field research (primary data). Secondary data and primary data obtained
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from respondents will be analyzed qualitatively and then the data contained in the
form of descriptive.

C. RESULTS AND DISCUSSION
1. Some dispute that occurred :
a. Mrs Ribkah vs Agus Susanto (Renaldi vs Cahaya Abadi)
b. Billy Haryanto vs Achmad Zaini (Pohon Kurmo vs Cap Kurmo)
c. Drs J oseph Cahyono vs Dra Sri Ningsih (Puri Indonesian Language Plus vs. Puri
Bahasa Indonesia)
d. Sigid Soegianto vs PT Inax International (Cap Kelinci vs Rabbit Brand)
e. F.X. Y. Kiantantos vs PT Mustika Citra Rasa (Holland Bakery vs Bakeri Holan)
2. Remedies Reform And Action In Anticipating And Handling Trademark
Dispute
As this protection can be preventive and repressive. Protection of the preventive
focus on efforts to prevent the well- known mark is not used by anyone else is
wrong. These efforts can be: First denial of registration by the trademark office. If
no registration is done by someone else by imitating well known mark that already
exist will be rejected by the trademark office (Article 6 paragraph 1 b and
paragraph 2). Such protection, can be either imitation or impersonation, in
essence to the whole. Tracing basically means almost the same, while the
imitation on the overall mean exactly the same as a brand that has been registered.
Second, the cancellation of the registered mark in violation of trademark rights of
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others. Due to registration errors committed by officers Trademark Office, a brand
that should not be registered but finally registered in the General Register of Marks
which endorsed the brand. Though the brand is clearly violated the trademark of
others, for many reasons, among others, similar or identical to other brands that
have been registered previously.
Protection of the repressive focused on punishment to those who have committed
crimes and violations of trademark as set forth in Article 90, 91, 92, 94 of Law No.
15 of 2001.
The mechanism of legal protection of Famous Brand in Act No. 15 Tahun2001 can
be known in Article 6 paragraph (1) letter b. Directorate General of Intellectual
Property shall reject the application for trademark registration which is similar in
principle or in aggregate with a mark owned by another party for goods and / or
similar services.
3. Discussion
The forms of violations of trademark is as follows:
a. The practice of trademark imitation
Employers who not good in terms of competition of this sort of dishonest use of
tangible efforts to use existing trademark that the brand of goods or services
that were produced in essentially the same as a brand or service that has been
known to give the impression as if the goods they produce these are such well-
known product.
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b. The practice of trademark counterfeiting
In this competition is committed by dishonest businessmen who not good either by
producing goods using the brand is already widely known in the community who
are not entitled
c. Actions that could disrupt the public regarding the nature and origin of brands
This occurs because of the place or region of a country which can be a force that
gives a good effect on an item because it is considered as the quality of goods-
producing areas.
For example, employers who give the label "made in japan" in its product when
the product clearly is not produced in J apan, so it does not fit with sifaf or the
origin of the brand.
D. CLOSING
1. Conclusion
a. Based on the results of studies have identified several factors that lead to
trademark disputes in the Commercial Court of Semarang is as follows:
1. The practice of trademark imitation
2. The practice of trademark counterfeiting
3. Actions that could disrupt the public regarding the nature and origin of brands
b. Efforts made by governments in anticipating and handling trademark disputes:
1. Preventively with the denial of registration by the trademark office and the
cancellation of the registered mark in violation of trademark rights of others
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2. Protection of the repressive focused on punishment to those who have
committed crimes and violations of trademark as set forth in Article 90,91,92, 94
of Law No. 15 of 2001 on Marks.
Owner / holder aggrieved trademark rights to choose the path of settlement
through the courts (litigation) that the commercial court by making demands of
civil and criminal liability, and through channels outside the court (non litigation)
that can be achieved through arbitration or alternative dispute resolution such as
negotiation , conciliation, or mediation.
2. ADVICE
1. Maximum protection for the brand especially famous brand, we suggest for
brand holders are required to register its brand so that legal protection would be
given more leverage, while from the government and relevant authorities are
expected to disseminate and implement the Trademark Law with good and true
mastery officers in the field of trademark law as well as community participation,
is expected in the field of trademark infringement can be overcome
2. It takes more cooperation among the State apparatus in carrying out the legal
protection of brands through socialization Suppose the government is continuously
on the importance of IPR law enforcement and especially the top brands in the
community is still considered very important.