Implikasi Hukum Perjanjian terhadap Pendaftaran dan Pengalihan Hak atas Merek Dagang

Abstract

ABSTRACT

Trademarks hold high economic value as part of intellectual property rights, making them legal objects subject to contracts. This research examines the position of trademarks as objects of contracts and the legal implications of such contracts on the process of trademark registration and assignment of rights based on positive law in Indonesia. Using a normative juridical approach with analysis of laws and legal literature, the study results show that contracts serve as the legal basis for trademark assignment, but their effectiveness depends on official recordation at the Directorate General of Intellectual Property (DGIP). Legal implications arise if the contract is not followed by registration, which can lead to ownership disputes and loss of legal protection. Therefore, synchronizing contract law and the trademark administration system is crucial to ensure legal certainty. Trademarks function as identifiers for products and services, representing reputation and quality. As objects of contracts, trademarks are subject to civil law principles, including those concerning agreements, particularly regarding use, assignment, or licensing

Keywords:  Contract, Trademark, Assignment of Rights, Trademark Registration, Positive Law