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Sara Christiany Nggauk; Orpa J. Nubatonis; Chatryen M. Dju Bire

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The use of anime as a business mark without the permission of the creator or copyright holder of the anime is an infringement of copyright. Copyright infringement of the use of anime as a business mark may be subject to criminal sanctions and/or civil sanctions. The type of research that the author uses is Normative legal research (Library Research) which is carried out by examining library materials (secondary data) or legal materials such as reviewing theories, laws and regulations (law in book) related to this writing through literature studies. The legal consequences of using anime as a business brand without permission can be subject to sanctions which are based on Law Number 28 of 2014 concerning copyright described in Article 9 paragraph (1), Article 112 paragraph (1), Article 113 paragraph (1), also in Law Number 20 of 2016 concerning trademarks and geographical indications which are regulated in Article 100 paragraph (1), (2) and (3).Before using anime as a trademark, business actors must ensure that they have obtained official permission from the copyright holder to avoid the risk of legal sanctions.

Kristina Sanca Ngunas; Made Gede Subha Karma Resen

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Voice is one of the signs in a brand. Voice comes in in non-traditional brands. Sound marks are listed in Law Number 20 of 2016 concerning Marks and Geographical Indications. In the arrangements, there is still confusion regarding this matter, so that very few votes are registered in its implementation. A small number of vote registrations really creates problems of confusion in registration. This research uses normative research through a statutory and regulatory approach and a comparative approach. The results obtained from the research are that there are obstacles in registering sound as a brand so that sound brands are refused registration. This problem concerns the bad faith carried out by the registrant. Comparison of the regulation of sound as a brand in Australia and Indonesia has similarities and differences in registration. Australia has regulated sounds that cannot be registered and regulates the duration of sounds that will be branded. while Indonesia has not yet regulated this.