“Analisis Hukum Penyelesaian Sengketa Terhadap Pendaftaran Hak Cipta Lukisan yang Memiliki Kesamaan Dengan Merek Terdaftar (Studi Putusan Nomor 40/Pdt.Sus-HakCipta/2024/PN.Niaga.Jkt.Pst)

Abstract

Copyright and trademark may coexist within a single court case in business practice, particularly when a trademark in the form of a painting registered by one party is later registered as a copyright by another. This situation is exemplified in the copyrigt dispute in Decision No 40/Pdt.Sus-HakCipta/PN.Niaga.Jkt.Pst, where the lawsuit aimed to innul the copyright registratuin of a painting filed by the Defendant so that the Plaintiff could continue using the trademark without legal interference from other parties claiming copyright over the same painting used as a mark. The issues discussed in this thesis include: (1) the form of legal protection for painting works under the Copyright Law and the Trademark Law; (2) the status of copyright protection for paintings after they have been registered and used as a trademark; and (3) the legal considerations of the judge based on Decision No. 40/Pdt.Sus-HakCipta/PN.Niaga.Jkt.Pst related to copyright disputes that were registered while the object was first registered ad a trademark. This study employs a normative juridical approach with a descriptive- analytical nature. The data used are secondary data collected through library research and document studies, analyzed deductively to draw conclusions. The findings indicate that the Copyright Law and the Trademark Law provide distinct forms of protection for painting works according to their respective functions and characteristics. The copyright protection status of a painting after it has been registered and used as a trademark will remain automatically attached to the painting, without the need for registration. The legal considerations in Decision No. 40/Pdt.Sus-HakCipta/PN.Niaga.Jkt.Pst were deemed appropriate, as they ensured jsutice and legal certainty through a thorough assessment of facts, evidence, and the application of relevant statutory provisions.