Pelindungan Hukum Terhadap Merek Terkenal Asing yang Belum Terdaftar Di Indonesia pada Putusan Mahkamah Agung Nomor 830 K/Pdt-Sus-Hki/2024

Abstract

Intellectual Property Rights (IPR) protect human intellectual works such as trademarks, copyrights, and patents that have economic value. Brand protection, especially unregistered well known trademarks, is important to prevent misuse and unfair competition. In Indonesia, unregistered well-known trademarks are protected by Law No. 20 of 2016 and various international agreements to provide legal certainty for brand owners. This study will examine the Supreme Court Decision Number 830 K/Pdt-Sus-HKI/2024 between Bosh Security System (plaintiff) against Melinda Olivia and the Directorate General of Intellectual Property Rights (defendants). The formulation of the problems discussed include, among others, Legal regulations regarding the protection of well-known brands in Indonesia, Legal remedies for owners of well-known foreign brands that have not been registered, and Analysis of considerations and decisions of judges in the protection of well-known foreign brands that have not been registered in Indonesia This study uses a normative legal method with a descriptive approach to analyze legal norms related to the protection of well-known foreign brands, focusing on the Decision Number of the Supreme Court Decision Number 830 K / Pdt- Sus-HKI / 2024. Research data was obtained through a literature study covering primary, secondary, and tertiary legal materials. Data analysis was carried out qualitatively and used deductive conclusion drawing techniques to conclude the application of the law in resolving disputes related to well-known brands in Indonesia. Conclusion This study, Indonesia provides protection for well-known foreign brands even though they have not been officially registered, as regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This protection is based on the principle of good faith and global reputation, which is emphasized by international provisions such as the TRIPS Agreement and the Paris Convention. Supreme Court Decision Number 830 K/Pdt-Sus-HKI/2024 shows Indonesia's legal commitment to protecting foreign well-known brands, especially to prevent acts of bad faith and unfair business competition. However, domestic regulations still need improvement, especially in the brand fame assessment mechanism which requires concrete data such as market surveys and international trade documents to provide legal certainty.