Perlindungan Hukum Terhadap Merek Yang Didaftarkan Menggunakan Prinsip First To Use Di Indonesia (Studi Putusan Nomor 85/Pdt.Sus-Merek/2024/PN Niaga.Jkt.Pst.)

Utami, Intan Mariyah (2029) Perlindungan Hukum Terhadap Merek Yang Didaftarkan Menggunakan Prinsip First To Use Di Indonesia (Studi Putusan Nomor 85/Pdt.Sus-Merek/2024/PN Niaga.Jkt.Pst.). Undergraduate thesis, UPN "Veteran" Jawa Timur.

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Abstract

This study examines judges’ considerations in trademark disputes as well as legal protection for trademark owners who adhere to the “first to use” principle within the Indonesian trademark legal system, which constitutionally adheres to the “first to file” principle. The difference between these principles gives rise to legal issues when a trademark owner who has previously used their trademark in another country faces a party that has previously registered the same trademark in Indonesia. This study aims to examine the legal basis for the judge’s considerations in Judgment No. 85/Pdt.Sus-Merek/2024/PN Niaga.Jkt.Pst. and to analyze the form of legal protection for use-based trademark owners within the Indonesian trademark legal system. The method used is a normative legal approach incorporating statutory, conceptual, case-law, and comparative analyses, supported by interviews. The research findings indicate that the judge’s reasoning in the decision tends to prioritize the formality of registration as the dominant factor, relying primarily on Ministry of Law and Human Rights Regulation No. 67 of 2016 as the main reference without independently examining other grounds for the claim such as bad faith and the existence of a License Agreement, thereby strengthening the position of the first registrant. Protection for trademark owners based on use remains possible through mechanisms for refusal or cancellation of registration on the grounds of bad faith, as well as protection for well-known trademarks as regulated in Law No. 20 of 2016 on Trademarks and Geographical Indications, which is in line with the Paris Convention and the TRIPS Agreement.

Item Type:

Thesis (Undergraduate)

Contributors: