A Comparison Study of The Registration System of Trademarks in Indonesia and Australia

DOI

10.2991/iclgg-17.2018.2How to use a DOI?

Keywords

Intellectual Property Rights, Trade Mark, Constitutive System.

Abstract

Trade Mark as a part of Intellectual Property Rights (IPR) has very important function in goods trade, especially for products with famous trade mark. The famous trade mark has high economic value if it is compares to others products. On the other side, it is also fragile to falsification which done by irresponsible business person. Due to the protection trademarks owners in Indonesia, the law maker compile Indonesian Trademarks Act Number 20 Year 2016 regarding Trade Marks and Geographical Indication. Under Law Number 20 Year 2016, the protection is not only for typical goods and or services, but also untypical goods and or services. Similarly in Australian Trademarks Act 1995. In both Act (Indonesian and Australian act) the registration must be done by the owner of the trade mark. The protection for any infringement of trade marks is not automatically, the registration for any Trade Mark is a must. In this matter, non-registered trademarks is not be protected. There are some reasons why the trademarks owners do not registering their trademarks, such as the lack of knowledge about the importance of registered trademarks and they think that the registration is costly and need times to get the certificates of registered trademarks. In fact, registration is cheap and easy to do it. When the owner can not register by himself/hersel, he or she can ask to the consultant of Intellectual Property Rights. Consultant is a person who has expertise in intellectual property rights. Indonesian and Australian Trade Mark Act also adopt priority right system regarding the registration. The priority right give some benefits for applicants who want to register their trademarks, such as they can saving time and cost for registration fee. There are two system in registering trademarks, constitutive system and declarative systems. Indonesian Trade Marks Act 1961 used declarative system, but it turn in to constitutive system in Trade Mark Act 1992, Trade Mark Act 1997, Trade Mark Act 2001, and the newest, Trade Mark Act 2016. This article will analyze the constitutive system of trademarks registration in the Indonesian Trademarks Act and Australian Trade Marks Act. It will be focussed on the benefits of constitutive system in both countries.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Agung Sujatmiko
AU  - Ria Setyawati
PY  - 2017/11
DA  - 2017/11
TI  - A Comparison Study of The Registration System of Trademarks in Indonesia and Australia
BT  - Proceedings of the International Conference on Law, Governance and Globalization 2017 (ICLGG 2017)
PB  - Atlantis Press
SP  - 12
EP  - 17
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclgg-17.2018.2
DO  - 10.2991/iclgg-17.2018.2
ID  - Sujatmiko2017/11
ER  -