| dc.description.abstract | The diversity of the development of ideas, then someone needs to register the results
of his ideas both in the form of creation and innovation. Trademark registration
must be done to differentiate similar products, because they have economic value
or benefits for human life. For example as happened with the Lois trademarks from
Spain and Newlois from Indonesia, wherever Lois as a well-known trademark
should have had trademark rights in Indonesia, but the fact is that a local
Indonesian trademark with the name Newlois with the same product is widely sold
in the market because the trademark is registered first. This happened because the
Directorate General of Intellectual Property was negligent in registering the Lois
trademark. This research brings forward the following problems: What are the
similarities and differences in the legal protection of well-known trademarks
between Indonesia and Spain; What are the factors contributing to the differences
in the protection of well-known trademarks in Indonesia and Spain. This study uses
a normative legal research method, carried out by examining literature or
secondary data relating to the legal protection of well-known trademarks between
Indonesia and Spain as the basic material, and then to find out the comparison
between Indonesian National Law and Spanish National Law on Trademarks. The
results of the discussion from the research there are some similarities between
Indonesian National Law on Trademarks and Spanish National Law on
Trademarks, such as regulations regarding the meaning of a trademark, first to file,
and compensation in civil lawsuits. Besides, there are also differences, including
the regulation regarding Geographical Indications and the application of criminal
law in trademark disputes. Politics of law, legal system, and legal culture are
factors that caused the distinction between Indonesian and Spain legal protection. | en_US |
