Analisis Yuridis terhadap Pelanggaran Merek Mesin Pengeruk Terkait Merek yang Memiliki Persamaan pada Pokoknya untuk Barang Sejenis (Studi Putusan Mahkamah Agung Republik Indonesia Nomor 1300 K/Pdt.Sus-HKI/2017)

Abstract

The criterion of determining the main element equation of a well-known brand is its resemblance in images, sounds, names, words, letters, figures, color structure, or combination of these elements, whether they are on goods or services of the same kinds or not, based on general public knowledge, brand reputation obtained from large-scale promotion, and followed by the proof of brand registration in several countries. The objective of the research is to find out the effect of dispute in brand in the Supreme Court of Republic Ruling No. 1300 K/Pdt.Sus-HKI/2017 between EIK Engineering SDN. BHD and PT. Engineering Indonesia Karya. The research problems formulation are as follows: how about the resolution of dispute in brand which has similarity in principle for the same type of goods, based on Law No. 20 of 2016 concerning Brand and Geographical Indication, how about the legal consequences of Brand Similarity Disputes in principle in the Supreme Court of the Republic of Indonesia Ruling Number 1300K/Pdt.Sus-HKI/2017, and whether the Judges' consideration in handing down the Ruling on the dispute in the brand of EIK's dredging machine which has the similarity in principle to the same kind of machine has fulfilled legal certainty (A Study on the Supreme Court of the Republic of Indonesia Ruling Number 1300K/Pdt.Sus-HKI/2017. It is recommended for registered and well-known brand owners to always protect their brand, namely by paying attention to the bad faith of other brand owners. If there is another mark that has been registered with the Director General of HKI (Intellectual Property Rights) and announced in the General Gazette of Brands, the owner of the brand that has previously registered should immediately file complaint for its revocation. The research uses normative method with descriptive analytic design. The data are collected by conducting library research. Secondary data are obtained from primary, secondary, and tertiary legal materials and the collected data are analyzed by using qualitative method. The result of this research concludes that the strength of the element of good faith in protecting the implementation of brand registration in Indonesia where brand infringement occurs can be said to still not be able to provide legal certainty and fair protection for registered well-known brands which have brand similarity in principle specified in Article 76 of Law No. 20 of 2016concerning brand and geographical indications must be the basis to revoke any brands that has similarities in whole or in principle to goods similar to counterfeit brands to prevent brand infringement that is in bad faith