PEMBERANTASAN TINDAK PIDANA TERORISME DI INDONESIA (SUATU TINJAUAN YURIDIS TERHADAP UNDANG-UNDANG NOMOR 15 TAHUN 2003 TENTANG PEMBERANTASAN TINDAK PIDANA TERORISME (S000118)

Well-known mark is protected in TRIPs Agreement. Therefore, Indonesia, a member of the agreement, should protect the well-known mark. Currently the protection of well-known marks in Indonesia is based on the provisions of article 6 and article 37 (2) on Law No.15 on 2001 on Trademark. On the other hand, Indonesia as a member of TRIPs Agreement should also implement provisions of Article 16 (2) and (3) that assign Article 6bis of Paris Convention. However, in practice there are still cases on well-known marks infringement occured in Indonesia.

The purpose of writing this thesis is to know and explain about the protection for well-known mark, International conventions and Indonesian law and the extent of implementation of international convention in Indonesia.

The methodology applied is normative research that emphasis on existing law, in this tesearch is using secondary data which is obtained from literature study. Besides, as supplement limited field interview is also conducted to relevant informant in Banda Aceh.

The research revealed that the application of TRIPs provisions on well• known marks in Indonesia is weak. It due to the enhance of knowledge and technology. Although, in the implementation of TRIPs Agreement which became the basic reference for trademark law in Indonesia has been quite meet the standards. However, Efforts that done by the authorities to reduce counterfeiting and the utilizing of well-known marks still has obstacles, because lack of good faith from the public to use their own tradem.ark and the authorities still did not perform hard effort in the trademarks counterfeiting. ·

Recommended to Indonesian government to be more consistent to follow the rules set out in regulation under TRIPs Agreement and also apply law enforcement efforts in the commercial court. There should be an exclusive training by Directorate General of lPRs related to the investigation of well-known marks counterfeiting in Indonesia. While, to prevent and reduce the counterfeiting . of well-known marks in Indonesia, government should be working together with the authorities to investigated the cases on well-known marks.