Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Application of First to File System Principles in Resolution of Trademark Disputes in Indonesia (Case Study Ms Glow Against Ps Glow)

Authors
Putu Ratih Aprillia1, *, Putu Ayu Sriasih Wesna1, I Made Arjaya1
1Master of Notary Graduate Program, Warmadewa University, Denpasar, Indonesia
*Corresponding author. Email: ratihaprillia19@gmail.com
Corresponding Author
Putu Ratih Aprillia
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_135How to use a DOI?
Keywords
Dispute Resolution; Trademark; First to File System
Abstract

This article analyzes the application of the first to file system principle in resolving trademark disputes in Indonesia (Case study of MS GLOW against PS GLOW). A mark may not have the same principal as another trademark in line with Law Number 20 of 2016 respecting Trademarks and Geographical Indications. Normative legal research, which includes statutory, conceptual, case, and comparative techniques, is the methodology employed. For these legal concerns, the article applies the theories of legal certainty and protection. The trademark registration system is closely related to the legal protection of trademark rights. There are two types of systems for registering a mark, namely a system with a declarative principle (first to use) and a system with a constitutive principle (first to file). A system with a declarative principle (first to use), which means that a person or legal entity uses a trademark for the first time, is given legal protection. In these disputes, trademark registration is very important because it is a means of proof of ownership if a trademark dispute occurs at any time.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
10.2991/978-2-38476-180-7_135
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_135How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Putu Ratih Aprillia
AU  - Putu Ayu Sriasih Wesna
AU  - I Made Arjaya
PY  - 2023
DA  - 2023/12/31
TI  - Application of First to File System Principles in Resolution of Trademark Disputes in Indonesia (Case Study Ms Glow Against Ps Glow)
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 1334
EP  - 1340
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_135
DO  - 10.2991/978-2-38476-180-7_135
ID  - Aprillia2023
ER  -