Subject : Legal Document Search

Date/time : 24 July 2023

Lecturer : Abdurahman Alfaqiih, S.H., M.A., LL.M
Class :A
Name Student : Tiara Ratu Pertiwi
Number : 20410780

1. After an analysis the conditions of chemicals used in industrial processes company, it is highly
recommended to set up the new brand and register it internationally (Option B) because the
power to make it more practical accepted by the society. Where one of the promoting
methodologies in building the picture and notoriety of the item. Trademark rights can be
authorized, in this way getting to be a coordinate source of salary within the shape of royalties.
Other than that, the reason of trademark enlistment is to demonstrate that the check is entirely
claimed by us and may not be plagiarized by anybody. In the event that a competitor chooses to
enlist beneath the same title, they will not be able to enlist. and ready to record a claim. as
expressed in Article 21 passage (1) of Law 20/2016 and Article 16 passage (2) of Control of the
Serve of Law and Human Rights of the Republic of Indonesia Number 67 of 2016 concerning
Check Enlistment (“Permenkumham 67/2016”), as
An application is denied if the mark is similar in principle or in whole to:
1) A registered trademark belonging to a third party or previously registered by a third party for
similar products;
2) Famed trademarks belonging to other parties for similar products and/or services;
3) Against famed trademarks belonging to other parties for products and/pr services that do not meet
certain requirements; and
4) Registered geographical indication.
Moreover, the international trademark registration will open up a wider market, where the product quality
will be more assured so that consumers can trust and feel secure when using our products. Meanwhile, the
downside is that the company has to meet some conditions for the product to be licensed internationally
as stated in Law No. 20 of 2016 on Trademarks and Geographical Indications and of course there will be
a fee. the way to find legitimate discovery sources is through the internet by entering keywords i.e.
trademark rights. then also search for other relevant sources by visiting Trademark and Geographical
Indications Law No. 20 of 2016 on the BPK website. Then search for the articles that matches your
inquiry.
Resource:
- https://phki.uma.ac.id/2021/12/22/5-manfaat-pendaftaran-merek-produk-bagi-pemilik-usaha/,
- https://peraturan.bpk.go.id/Home/Details/37595/uu-no-20-tahun-2016 ,
- https://www.hukumonline.com/klinik/a/pendaftaran-merek-yang-sama-dengan-merek-terkenal-untuk-
kelas-barang-yang-berbeda-lt5a4a1655f16a2/
2. country a ->
After we analyzed, we can use the Build factory and use local workface in target country (Option B) In
this country worker protection is guaranteed. to protect workers in order to guarantee the basic rights of
workers and ensure opportunities, as well as avoid discrimination, to achieve the well-being of workers
and their families while paying attention to the development of the progress of the business world and the
interests of employers. with a simple access to orders and a strong and reliable legal system, it is still
possible to build a factory and use local labor (option b). In this country there are courts whose trade or
investment protection procedures are disclosed in testimony disputes. This is very important to protect
investors, so that investors' interests are guaranteed. Companies will feel secure in managing their
operations as they will benefit from legal certainty. Where, this does not contradict the principle of
investment. In addition, the country is handy to obtain orders, so by building a new factory, the company
does not need to spend a lot of money and time and enlarge the market.
Country b -> After we do some research and analyze to this country so is highly recommended to find a
local business in the target country to work with partner, enter to an agreement and license the trade
secrets (Option C). There are several benefits to this country's characteristics like it protects against labor
abuse and third-party abuse. Having a form of agreement can be beneficial for both parties to get the right
rights and obligations. Also, the country is likely to get a ban in an emergency, which is great for assisting
a joint venture in trademark issues. In addition, the country also requires it to force foreign companies to
produce locally using local joint venture partners. Hence, need to cooperate with local companies. and to
ensure the security of the product, it is bound by trade secrets that will later be used as written evidence if
it is the truth committed by a third party. This is because the country's courts are always partial against
alien companies.

Resouce:
- Supreme Court Regulation concerning Provisional Decree No. 5 of 2012.
- Law No. 13 of 2003 about Manpower
-