Cumulative Claims in Mark Disputes under Civil Procedural Lawas it relates to Protecting Against International Marks

Sonyendah Retnaningsih, Suherman, Heru Sugiyono

Research output: Contribution to journalArticle


In the global trade era, in accordance with the ratified international conventions, Marks play essential roles,particularly in sustaining fair and equitable business competition. This requires adequate regulation of the brand in order to provide improved services to the community. Regulations on Trademarks in Indonesia are currently regulated in Act Number 20 of 2016 concerning Marks and Geographical Indications (UUM). In addition, national regulation concerning marks, Indonesia is also bound by international regulations on marks such as the Paris Convention. Trademarkprotection is essential because marks as Intellectual Property Rights can generate economic benefits to the owners of the property rights, and can also work as a tool to protectpublic consumers from the occurrence of fraud. Related to the cancellation of a trademark according to the UUM, entered into the absolute competence of the Commercial Court. Based on Article 300 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Commercial Court is not only authorized to examine and decide on bankruptcy and PKPU cases, but also to handle disputes in other commercial fields such as IPR. Based on Article 68 of the UUM, claims for the cancellation of trademarks are filed to theCommercial Court. With the cancellation of marks, the legal protection of the mark concerned is terminated. Related to the claim for trademark infringement, according to Article 76 UUM, the registered trademark owner can file a claim in the form of compensation and/or in the termination of all acts related to the use of the mark. In the case of drafting a lawsuit in trademark disputes, the legal issues to be examined inthe filing of a lawsuit in a trademark dispute includes theclaim for cancellation of trademark and the claim for trademark infringement according to the perspective of the Formality Civil Code.
Original languageEnglish
Pages (from-to)310-319
Number of pages10
JournalInternational Journal of Innovation, Creativity and Change
Issue number4
Publication statusPublished - 1 Apr 2019


  • cumulative claims
  • trademark dispute
  • blurred lawsuit (obscuur libel)


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