Pelindungan Hukum Merek Terkenal dari Tindakan Pendaftaran Pihak Lain yang Beritikad Tidak Baik (Studi Putusan Nomor 16/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst)

Abstract

One important branch of IPR is trademarks, which play an important role in the trade of goods and services. According to UUMIG and various regulations, legal protection of well-known trademarks is necessary to prevent unfair business competition and trademark imitation, which is based on bad faith. One of the unfair business competition dispute cases occurred between PUMA SE and Reno Mustopoh. This study aims to describe and analyze the criteria of well-known trademarks according to UUMIG, legal protection of well-known trademarks from registration actions of other parties in bad faith according to UUMIG and the 1967 Paris Convention, as well as the legal considerations of the judges regarding the registration actions of other parties in bad faith that harm the owner of a well-known trademark based on Decision Number 16/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst. This research uses normative juridical research methods that are descriptive in nature. This research approach uses a statutory approach and a case approach. The data used includes primary, secondary, and tertiary data. The data collection technique used in this research was carried out by means of literature studies (library research) which were then analyzed using qualitative data analysis methods. The results showed that the regulation of the criteria for well-known trademarks is regulated under Article 21 paragraph (1) letter b of UUMIG which states that a trademark is considered well-known if the general knowledge of the public in the related field of business as well as the reputation of the trademark obtained through massive promotion, international investment, and trademark registration in various countries. The legal protection of well-known trademarks against registrants who have bad faith is regulated under the provisions of Article 21 paragraph (3) UUMIG states that the application is rejected if filed by the Applicant who has bad faith. The Paris Convention also protects well-known trademarks with the principle of national treatment and theright of priority. The Panel of Judges gave legal consideration that the Defendant filed its application for registration based on bad faith. Thus resulting in the cancellation of the mark “PUMA & Cat Jumping” register No. IDM000229381 on behalf of the Defendant from the General Register of Trademarks.