Features of Extraterritorial Protection of Trademarks

The paper examines the phenomenon of extraterritoriality in the legal protection of trademarks. The author highlights the signs of extraterritorial regulation of relations related to the protection of trademark rights, namely, signs of national extraterritorial regulation and signs inherent in international legal models of legal protection of trademarks, such as legal protection of well-known trademarks, legal protection of trademarks that have received an international registration, regional integration models of legal protection of a trademark (trademarks of the EU, EAEU, etc.). As a common feature for all extraterritorial mechanisms, the author proposes to single out the principle of priority of trademarks. For the mechanism of protection of a trademark that has received an international registration and for regional models of trademark protection, the author singles out the need for all the patent offices of all states where protection is sought to approve an application form for the trademark registration and the existence of uniform norms common to all parties to an international agreement. The author of the paper does not exclude the possibility of overcoming the territorial principle and reducing possible infringements in the field of trademark protection.

Intelligent Retrieval Method of Approximate Painting in Digital Art Field

With the rapid development of Internet technology and the wide application of image acquisition equipment, the number of digital artwork images is exploding. The retrieval of near-similar artwork images has a wide application prospect for copyright infringement, trademark registration, and other scenes. However, compared with traditional images, these artwork images have the characteristics of high similarity and complexity, which lead to the retrieval accuracy not meeting the demand. To solve the above problems, an intelligent retrieval method of artwork image based on wavelet transform and dual propagation neural network (WTCPN) is proposed. Firstly, the original artwork image is replaced by the low-frequency subimage after wavelet transform, which not only removes redundant information and reduces the dimension of data but also suppresses random noise. Secondly, in order to make the network assign different competition winning units to different types of modes, the dual propagation neural network is improved by setting the maximum number of times of winning neurons. Experimental results show that the proposed method can improve the accuracy of image retrieval, and the recognition accuracy of verification set can reach over 91%.

URGENSI PERLINDUNGAN HUKUM TERHADAP PRODUK UMKM DI DESA KLARI

Tingginya nilai upah minimum regional Kabupaten Karawang memicu banyaknya keinginan angkatan kerja untuk bekerja di sektor industri sebagai pekerja perusahaan yang berdomisili di Kabupaten Karawang. Desa Klari sebagai salah satu desa yang terletak di Kabupaten Karawang turut mengalami laju pertumbuhan penduduk yang begitu pesat didominasi dengan para pendatang dari luar Karawang yang berkeinginan bekerja di sektor tersebut. Hal itu dianggap sebagai peluang usaha terutama di bidang kuliner bagi beberapa pihak, karena tingginya tingkat konsumsi masyarakat di Karawang, sehingga mendorong banyaknya produk makanan yang diproduksi melalui UMKM. Namun pada kenyataannya banyak wirausahawan (UMKM) yang belum mengetahui bentuk perlindungan hukum terhadap merk produk makanannya yang mana memunculkan polemik untuk menjaga orisinalitas produk mereka sebab mulai banyaknya produk makanan tiruan, sehingga harus diberikan pemahaman kepada mereka. Metode pengabdian yang digunakan adalah Participatory Rural Appraisal (APR) dengan cara bersama-sama menganalisis masalah kehidupan untuk meningkatkan pengetahuan masyarakat sehingga mammpu membuat rencana dan melakukan tindakan nyata. Diharapkan dengan pemberian pemahaman atas pentingnya pendaftaran merk dagang tersebut, dapat menjaga orisinalitas produk ketika terjadi persaingan usaha dengan produk yang sama Kata Kunci : Perlindungan Hukum, Merk Dagang, Masyarakat. The high value of regional minimum wages in Karawang Regency has triggered the desire of the workforce to work in the industrial sector as company workers domiciled in Karawang Regency. Klari Village as one of the villages located in Karawang Regency has also experienced a rapid population growth rate dominated by migrants from outside Karawang who wish to work in this sector. This is considered as a business opportunity, especially in the food sector, for several parties, due to the high level of public consumption in Karawang, thus encouraging the number of food products produced through a.k.a UMKM. But in fact, many entrepreneurs do not yet know the form of legal protection for their food product brands, which raises a polemic to maintain the originality of their products because there are many counterfeit food products, so they must be given an understanding. The service method used is Participatory Rural Appraisal (APR) by jointly analyzing life problems to increase community knowledge so that they can make plans and take real action. It is hoped that by providing an understanding of the importance of trademark registration, it can maintain product originality when there is business competition with the same product. Keywords: Legal Protection, Trademark, Society

Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.

Identification of Statistical Patterns in the Field of Trademark Registration

The article is about identification of statistical patterns in the field of trademarks and service marksregistration. To identify patterns, official statistical data provided in the relevant state collections were used. The analysis of dynamic changes in the certificates and the filled applications allowed us to indicate positive conclusions about the intellectual property registration in Russia. The article also provided the hypothesis of the dependency between the number of organizations in a certain region and the number of registered trademarks and service marks. It was concluded that the hypothesis put forward about the presence of a possible dependence between the number of organizations in a certain region and the number of registered trademarks and service marks was partially confirmed. There really is a pattern, that is, with an increase in the number of organizations in a certain region, the number of registered trademarks and service marks increased, but it was not possible to build a clear mathematical model of dependence.

TRADEMARK REGISTRATION IN BRAZIL, THE UNITED STATES AND PORTUGAL

This article aims to understand, analyze and compare the procedures adopted in Brazil, the United States and Portugal to register a trademark. For this purpose, bibliographic research was carried out in the Web of Science and documentary research into the three official institutions of trademark registration, namely: INPI(Brazil), USPTO(United States) and INPI(Portugal). In order to understand the adopted procedures, a simulation of the trademark application was made in the e-Marcas (Brazil), TEAS (USA) and InpiOnline (Portugal) systems. In terms of navigability, the INPI (Portugal) InpiOnline System is the easiest to navigate and is the only one that offers the "Trademark on the Spot" service on its Portal, which allows for the immediate acquisition of a trademark without the need to go through the trademark application process. On the partnership issue, the USPTO (United States) has a support network with the Patent and Trademark Resource Centers (PTRC), which are part of the national network of public, state, and academic libraries designated to support the public with trademark and patent assistance. Among the main points in common, the following were identified: the availability of online systems for applying for trademark registration; the ease of conducting prior search in proprietary systems, and the use of the Nice classification to classify goods and services. Among the main differences are the estimated period to obtain the granting of the trademark registration; the types of trademarks allowed in each legislation; and the values of the fees to apply for a trademark registration.

Public order and morality in China's Trademark Law: a vague scrutiny based on political order and social morals

Under Article 10(1)(8) of China's Trademark Law, a trademark that is contrary to public order and accepted principles of morality is not only refused registration, but also forbidden to be used in commerce. Numerous cases involving the registrability of trademarks are brought to China's courts, and Article 10(1)(8) is one of the main grounds for refusing trademark registration. In general, there are two specific legal issues concerning the application of this provision. One is the legislative purpose and rational basis of this provision. In fact, China's Trademark Office and courts used this provision to block trademark hoarding and to protect the civil rights of others before the Supreme People's Court clarified that the purpose of this provision was to protect public interests. The other is the standard for determining what is offensive, which is a common problem among countries with a similar provision. Indeed, it is difficult to create a consistent standard because of the subjectivity involved in drawing moral conclusions, the cultural conflicts between different groups and the unpredictability of the perception of the general public. However, these problems could be solved if the examiners set a low moral threshold for trademark registration, as the perception of the general public with normal sensitivity and tolerance is easier to ascertain when a mark is deeply offensive. In addition, not all trademarks related to public authorities and serious social events should be forbidden under the morality provision, and the court should take account of the possibility of damaging political order and traders' freedom of expression.

CONSTITUTIONAL RIGHT TO OWN, USE AND DISPOSE THE RESULTS OF INTELLECTUAL AND CREATIVE ACTIVITY: «JUSTIFIED EXPECTATION» FOR OBTAINING PROPERTY SUBJECT TO LEGAL PROTECTION

In the science regarding Constitutional Law, the issue for restriction of intellectual property rights provokes lively discussions. When registration of trademarks, there increasingly raises a number of theoretical and practical questions: can the state "destroy" the legitimate expectations of the subjects of intellectual property rights by adopting certain legislative acts in order to fulfill its international obligations? Is the decision to apply the provisions of a bilateral agreement to the application for trademark registration, which came into force after the subject was filed into trademark application process, considered as interference into the peaceful use of property? Does the constitutional and legal mechanism for regulating public relations in the field of intellectual property on "expectativa jurídica" issue the need to be improved? The purpose of this article is to identify the conditions under which the applicant who has applied for registration of a trademark has the right to claim in respect of which he has a "justified expectation" of its implementation, as well as to identify conditions that allow national law or there is insufficient evidence in the settled case-law practice of National Courts to state that an applicant who has applied for registration of a trademark has a “justified expectation” protected by the provisions of the Article 1 of Protocol No. 1 to the Convention. Research methods is the general methods of scientific cognitivism as well as concerning those used in legal science: methods of analysis and synthesis, formal logic, comparative law etc. In order to benefit from the protection of Article 1 of Protocol No. 1 to the Convention, an applicant who has applied for registration of a trademark must be entitled to claim in respect of which he may affirm that he had at least a “justified expectation” for its implementation. The grounds for concluding that such a “justified expectation” is as follows: the availability of grounds for such a requirement within national law and the consistent practice of National Courts, which shows that the applicant does have sufficient grounds to obtain this very justified expectation. 2. The mentioned reasons allow to affirm about the lack of reasonable grounds within national law or in the settled case-law practice of National Courts that are to state that an applicant who has applied for registration of a trademark has “justified expectation” protected by provisions of the Article 1 of Protocol No. 1 to the Convention: 1) the applicant company had a right that is subject to a certain condition, which was terminated retroactively due to non-compliance with this condition, namely that it did not violate rights of the third parties; 2) there is a dispute/disputes about the registration of a trademark, which being taken into the Court processing in different countries; 3) the applicable rule of national law is sufficiently accessible, accurate and predictable; 4) the criteria for trademark registration are unclear, there are doubts about their proper interpretation, as well as the difficulties associated with the need to analyze various international instruments. Violation of the Article 1 of Protocol 1 is a retrospective interference by the legislator. The current legislation of Ukraine in the field of intellectual property on “expectativa jurídica” issues when filing an application for trademark registration, as well as on state interference regarding the “justified expectation” of the applicant companies needs to be improved in the light of the case-law practice of the European Court of Human Rights.

THE LEGAL POLITIC OF REGULATION FOR TRADEMARK REGISTRATION SYSTEMS IN INDONESIA

The development of brand functions which was originally only as a distinguishing element to be more of a reputation, to be the brand that is usually represented by the image, logos, etc., resulting in a brand being one of the triggers for a dispute. Therefore, a number of regulations that provide protection for marks have been issued in Indonesia started with the Trademark Law of 1885 published by the Dutch Colonial Government until Law Number 20 of 2016 concerning Current Marks and Geographical Indications. But, trademark disputes still occur. This juridical normative research with a legal approach aims to know and analyze the legal politics of trademark registration regulations in Indonesia. The result is that there are weaknesses in the existing regulations regarding trademark registration, both substantial and procedural. Therefore, they need to be clearer and more concrete regulations in regulating trademark registration in Indonesia so that trademark disputes can be minimized.

The Roles of Local Governments in Accommodating the Registration of SME’s Product Trademarks

One of the manifestations of the government's alignment with the protection and development of MSMEs is the issuance of Law Number 20 of 2008 concerning Micro, Small and Medium Enterprises (UU MSMEs). Protection of MSME products is protection for products consisting of goods and/or services. Every product, both goods and services, has material and immaterial wealth. Intellectual Property Rights (IPR), especially trademarks, are immaterial wealth for MSME products that need legal protection. This study aims to analyze the role of the Kebumen district government in accommodating the registration of MSME product brands. This study uses a normative juridical method with a qualitative approach. The legal materials used in this study include primary and secondary legal materials. Primary legal materials are Law Number 20 of 2016 concerning Marks and Geographical Indications, Regulation of the Regent of Kebumen Number 71 of 2016 concerning Position, Organizational Structure, Duties and Functions, as well as Work Procedures for the Department of Manpower and Cooperatives, MSME (MSME Kebumen Regent Regulation). Secondary legal materials are journaled articles, law books and websites. The results of the study indicate the role of the Kebumen Regency Government in accommodating trademark registration on MSME products in Kebumen Regency through the KUMKM Service and the KUMKM Integrated Business Service Center (PLUT). Activities carried out are in the form of socialization, consulting services, training, and assistance for MSMEs in trademark registration at the DJKI to protect the law and develop MSMEs.