Examining the use of communal intellectual property as trademarks: A study on legal ambiguities
The threat of trademark removal has similarities with communal intellectual property, mainly Traditional Cultural Expressions, as stated in the provisions of Article 72 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This differs from the prerequisites for trademark regi...
Saved in:
| Main Authors: | , , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
EDP Sciences
2024-01-01
|
| Series: | BIO Web of Conferences |
| Online Access: | https://www.bio-conferences.org/articles/bioconf/pdf/2024/65/bioconf_btmic2024_01043.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1846139487318441984 |
|---|---|
| author | Djulaeka Djulaeka Zulkifli Makmud Hasanah Uswatun Murni |
| author_facet | Djulaeka Djulaeka Zulkifli Makmud Hasanah Uswatun Murni |
| author_sort | Djulaeka Djulaeka |
| collection | DOAJ |
| description | The threat of trademark removal has similarities with communal intellectual property, mainly Traditional Cultural Expressions, as stated in the provisions of Article 72 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This differs from the prerequisites for trademark registration as stipulated in Article 20 juncto Article 21, which does not explicitly mention the prohibition of traditional cultural expressions; this is different when registering a trademark based on geographical indications as communal intellectual property is prohibited. This provision will create legal uncertainty between the provisions of the trademark registration requirements and the deletion of the mark. This study examines the relationship between the provisions of Article 72 and Article 20 juncto Article 21 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications as well as legal protection of registered trademarks that have similarities with Traditional Cultural Expressions. This research is normative, so the approach used is a legislative and conceptual approach, with the study of primary and secondary legal materials. The study results show that there needs to be more clarity between Article 72 and Article 20 juncto Article 21 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The recommendations of the research results require amendments or revisions to Law Number 20 of 2016 concerning Trademarks and Geographical Indications that can provide legal certainty. |
| format | Article |
| id | doaj-art-826f21a4d6b04221838281220260a74b |
| institution | Kabale University |
| issn | 2117-4458 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | EDP Sciences |
| record_format | Article |
| series | BIO Web of Conferences |
| spelling | doaj-art-826f21a4d6b04221838281220260a74b2024-12-06T09:33:55ZengEDP SciencesBIO Web of Conferences2117-44582024-01-011460104310.1051/bioconf/202414601043bioconf_btmic2024_01043Examining the use of communal intellectual property as trademarks: A study on legal ambiguitiesDjulaeka Djulaeka0Zulkifli Makmud1Hasanah Uswatun2Murni3Business Law Department, Faculty of Law, University of Trunojoyo MaduraManagement Department, Faculty of Economics and Business, University of Trunojoyo MaduraBusiness Law Department, Faculty of Law, University of Trunojoyo MaduraBusiness Law Department, Faculty of Law, University of Trunojoyo MaduraThe threat of trademark removal has similarities with communal intellectual property, mainly Traditional Cultural Expressions, as stated in the provisions of Article 72 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This differs from the prerequisites for trademark registration as stipulated in Article 20 juncto Article 21, which does not explicitly mention the prohibition of traditional cultural expressions; this is different when registering a trademark based on geographical indications as communal intellectual property is prohibited. This provision will create legal uncertainty between the provisions of the trademark registration requirements and the deletion of the mark. This study examines the relationship between the provisions of Article 72 and Article 20 juncto Article 21 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications as well as legal protection of registered trademarks that have similarities with Traditional Cultural Expressions. This research is normative, so the approach used is a legislative and conceptual approach, with the study of primary and secondary legal materials. The study results show that there needs to be more clarity between Article 72 and Article 20 juncto Article 21 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The recommendations of the research results require amendments or revisions to Law Number 20 of 2016 concerning Trademarks and Geographical Indications that can provide legal certainty.https://www.bio-conferences.org/articles/bioconf/pdf/2024/65/bioconf_btmic2024_01043.pdf |
| spellingShingle | Djulaeka Djulaeka Zulkifli Makmud Hasanah Uswatun Murni Examining the use of communal intellectual property as trademarks: A study on legal ambiguities BIO Web of Conferences |
| title | Examining the use of communal intellectual property as trademarks: A study on legal ambiguities |
| title_full | Examining the use of communal intellectual property as trademarks: A study on legal ambiguities |
| title_fullStr | Examining the use of communal intellectual property as trademarks: A study on legal ambiguities |
| title_full_unstemmed | Examining the use of communal intellectual property as trademarks: A study on legal ambiguities |
| title_short | Examining the use of communal intellectual property as trademarks: A study on legal ambiguities |
| title_sort | examining the use of communal intellectual property as trademarks a study on legal ambiguities |
| url | https://www.bio-conferences.org/articles/bioconf/pdf/2024/65/bioconf_btmic2024_01043.pdf |
| work_keys_str_mv | AT djulaekadjulaeka examiningtheuseofcommunalintellectualpropertyastrademarksastudyonlegalambiguities AT zulkiflimakmud examiningtheuseofcommunalintellectualpropertyastrademarksastudyonlegalambiguities AT hasanahuswatun examiningtheuseofcommunalintellectualpropertyastrademarksastudyonlegalambiguities AT murni examiningtheuseofcommunalintellectualpropertyastrademarksastudyonlegalambiguities |