Analisis Sengketa Merek dengan Persamaan pada Pokoknya: Studi Kasus Putusan Pengadilan Niaga pada Pengadilan Negeri Medan NO. 5/PDT.SUS- HKI/MEREK/2019/PN.NIAGA.MDN

Abstract

This study examines the resolution of trademark disputes related to inheritance disputes, with a case study of the Commercial Court decision at the Medan District Court No. 5/Pdt.Sus-HKI/Merek/2019/PN.Niaga.Mdn. The issues in this research include the regulation of trademark rights transfer due to inheritance, the implementation of trademark rights transfer for the "Nurhayati" balm/oil massage, and the analysis of dispute resolution based on the Commercial Court decision regarding the trademark. This research is a normative legal study that is descriptive-analytical. The primary data sources are: Law No. 20 of 2016 on Trademarks and Geographical Indications; Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 67 of 2016 on Trademark Registration and its Amendments; and the Commercial Court Decision of the Medan District Court as a legal material source. Data is collected using library research techniques, with document study as the data collection tool. The data is analyzed qualitatively, with conclusions drawn through deductive-inductive reasoning. Research results: First, the regulation of trademark rights transfer due to inheritance is clearly stipulated in Article 41 of Law No. 20 of 2016 on Trademarks and Geographical Indications, where the transfer must be registered with the Directorate General of Intellectual Property (DJKI) and announced in the Official Gazette of Trademarks to be valid and legally binding. Second, the transfer of trademark rights due to inheritance must be carried out in accordance with the procedures and methods stipulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia No. 67 of 2016 on Trademark Registration. If carried out according to the applicable procedures, the transfer of trademark rights is recognized by the state. Third, in the case study of the Commercial Court decision at the Medan District Court related to the "Nurhayati" balm trademark dispute, the panel of judges has considered Article 41 of the Trademark and Geographical Indications Law, but the legal remedies pursued by the plaintiff have not provided adequate legal protection.