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Al-‘Alāmah al-Tijāriyyah wa Ḥimāyatuhā fī al-Qānūn al-Indūnīsī: Dirāsah Fiqhiyyah Taqwīmiyyah

Al-Ahkam

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Title Al-‘Alāmah al-Tijāriyyah wa Ḥimāyatuhā fī al-Qānūn al-Indūnīsī: Dirāsah Fiqhiyyah Taqwīmiyyah
 
Creator Haq, Husnul
Arif, Arif Ali
 
Subject trademark; protection; Indonesian law; Islamic jurisprudence
 
Description The trademark plays an important role in economic life, as it is a way for the merchant to distinguish his products from those produced by others. It also helps consumers to identify the products they want. Therefore, the countries of the world have agreed to conduct agreements to protect it, on top of which is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). When the State of Indonesia agreed to sign this agreement, it had to provide legal cover in the field of the trademark. The research aims to demonstrate trademark protection in Indonesian law and Islamic jurisprudence. This research falls within the library search, and its description is an analytical and critical description. After careful consideration, the research concludes that Indonesian law and Islamic jurisprudence are in agreement of considering the trademark as property and right. So, they agree on the necessity of trademark protection and imposing the punishment for the aggressor. Meanwhile, they differ in the imprisonment; the law considers it as a basic punishment while Islamic jurisprudence considers it as a secondary punishment
 
Publisher Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang
 
Contributor —
 
Date 2020-10-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://journal.walisongo.ac.id/index.php/ahkam/article/view/5293
10.21580/ahkam.2020.30.2.5293
 
Source Al-Ahkam; Volume 30, Nomor 2, Oktober 2020; 119-140
2502-3209
0854-4603
 
Language eng
 
Relation https://journal.walisongo.ac.id/index.php/ahkam/article/view/5293/2936
 
Rights Copyright (c) 2020 Al-Ahkam
http://creativecommons.org/licenses/by-sa/4.0