THE IMPLEMENTATION OF TRIPS-WTO IN THE PROTECTION OF IPR OVER FASHION TRADEMARK OF CREATIVE INDUSTRY AS AN EFFORT TO IMPROVE GLOBAL COMPETITIVENESS

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THE IMPLEMENTATION OF TRIPS-WTO IN THE PROTECTION OF IPR OVER FASHION TRADEMARK OF CREATIVE INDUSTRY AS AN EFFORT TO IMPROVE GLOBAL COMPETITIVENESS

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Title: THE IMPLEMENTATION OF TRIPS-WTO IN THE PROTECTION OF IPR OVER FASHION TRADEMARK OF CREATIVE INDUSTRY AS AN EFFORT TO IMPROVE GLOBAL COMPETITIVENESS
Author: Nurani, Nina
Abstract: This study examines how the protection of IPR, according to Law No 15 year 2001 regarding Trademark serving as the implementation of TRIPs-WTO, provides protection over fashion of the creative industry and how the protection of trademark rights over this product improves the global competitiveness. Normative-jurisdical method is applied to this study. This method puts emphasis on the secondary data obtained from the library research, supported by the primary data from the field research. From the research, it can be concluded that the IPR protection, according to Law No 15 year 2001 regarding Trademark serving as the implementation of TRIPs-WTO, has not fully provided protection over the fashion products of the creative industry, making it being ineffectively conducted by the product owners. The law generalizes the protection period, rigid time extension, improper categorization of offence type, and no fixed regulation regarding the management of folklore products or traditional knowledge, as well as complex bureaucracy. Trademark protection for these products, according to Law No 15 year 2001 regarding trademark, has not met the hope of the owners of creative industry in protecting their trademarks and logos to be able to compete globally. The obstacles that hamper are juridical and cultural aspects. The former consists of improper management, complex bureaucracy for registration, and no steady and integrated bureaucratic institutional to perform the protection functions effectively. The later consists of the lack acknowledgement that the existence of trademark rights over fashion may contribute the owners in improving their global competitiveness. The government needs to do an obvious way by extending the Trademark Law in accordance with the theory of law reform by taking into account its philosophical, sociological, juridical, and international aspects. In addition, the law should also be disseminated and the regional institution, in protecting one’s intellectual property rights, should also be addressed.
URI: http://repository.widyatama.ac.id/xmlui/handle/123456789/3433
Date: 2013-06-14


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content nina nurani.pdf 875.3Kb PDF View/Open
cover.pdf 127.3Kb PDF View/Open
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poster presentations.pdf 314.4Kb PDF View/Open
program oral sessions.pdf 358.1Kb PDF View/Open
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table of contents.pdf 259.6Kb PDF View/Open
welcome temarks from the committee.pdf 475.4Kb PDF View/Open

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