Legal Reasoning: How Well-Known Marks are Positioned Through Legal Positivism
نویسندگان
چکیده
Legal protection for well-known mark needs to be examined. Indonesia has tried conform its legal system with international law, most notably the Paris Convention and TRIPS Agreement. However, court’s decision indicates that remains unfavourable. This paper aimed analyse judges’ rationale when they rejected a lawsuit against trademark in which was dispute of “Starbucks” Pierre “Cardin”. study conducted using research methods it examined materials from decisions literature review. Therefore, knowing judge’s dismissing claim is essential. In first case, plaintiff’s documented evidence insufficient establish respondent’s bad faith, but justification rejecting either. Meanwhile, second judge denied based on ne bis idem, aims reach certainty, so can lean more toward positivism. The positivism requires clear rules as not cause multiple interpretations. geographical indication law does give complete regulations marks. As result, problems conflicts frequently arise practice comes
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ژورنال
عنوان ژورنال: Jurnal Ilmiah Kebijakan Hukum
سال: 2023
ISSN: ['1978-2292', '2579-7425']
DOI: https://doi.org/10.30641/kebijakan.2023.v17.55-68