| dc.description.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. | en_US |
