Penyelesaian Sengketa Merek sebagai Upaya Pelindungan Hukum Hak Merek Asing Terkenal di Indonesia (Studi Putusan Mahkamah Agung Nomor 532K/Pdt.Sus-HKI/2024)

Abstract

The phenomenon of well-known foreign trademarks being registered by local parties without authorization raises legal issues in the protection of intellectual property rights in Indonesia, particularly when such registrations are carried out in bad faith, causing harm to trademark owners and confusion among consumers. This research aims to examine trademark dispute resolution as a form of legal protection for the rights of well-known foreign trademarks in Indonesia. The primary focus of this study is an analysis of Supreme Court Decision Number 532K/Pdt.Sus-HKI/2024, which was selected because it reflects the legal dynamics in addressing unauthorized trademark registrations by local parties conducted in bad faith. This decision illustrates the judiciary's role in upholding the principle of justice and providing legal protection for foreign trademark owners who have suffered losses as a result of actions lacking a legitimate legal basis. The research employs a normative juridical method using statutory and case approaches. Data were collected through literature studies and analyzed qualitatively to gain a comprehensive understanding of the legal issues discussed. The findings reveal that Indonesia’s trademark registration system, which adopts the first-to-file principle, requires stricter evaluation of good faith elements. The Supreme Court decision in this case affirms the importance of good faith and reinforces that protection for well-known foreign trademarks can still be granted, even if not registered in Indonesia, as long as their reputation can be objectively proven. The enforcement of this principle is essential to maintaining a fair business climate and protecting investment interests in Indonesia.