Analisis Yuridis Pengalihan Hak Atas Merek Terdaftar Berdasarkan Pewarisan (Studi Putusan No. 74/Pdt.Sus-HKI/Merek/2023/PN.Niaga Jkt.Pst)

Abstract

The transfer of rights to a trademark may occur through inheritance, wherein the decedent's assets are passed to the heirs. If, after the decedent's death, one of the heirs receives a share of the inherited trademark that is deemed inequitable, the aggrieved party may file a lawsuit in court. This study examines the following issues: (1) How is the regulation concerning the transfer of rights to a registered trademark to heirs through inheritance governed? (2) What legal protection is afforded to heirs in the event of an improper transfer of rights to a registered trademark? (3) What legal considerations did the judges use in annulling the trademark transfer in Decision No. 74/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt. Pst?. This is a normative juridical study, employing a legal research method based on statutory norms through a literature review to obtain secondary data in the form of primary, secondary, and tertiary legal materials relevant to the research problem. The study is descriptive-analytical in nature. Data were collected through a literature review of applicable laws and legal materials, and analyzed using qualitative methods. The results indicate that the procedure for transferring rights to a registered trademark to heirs through inheritance is regulated under Article 41(1) of Law No. 20 of 2016 on Trademarks and Geographical Indications, which provides a clear legal basis regarding the procedure and requirements for such transfers. Legal protection for heirs in cases of improper trademark transfers may be obtained through both preventive and repressive measures. Litigation is an available legal recourse for aggrieved heirs seeking to annul an unauthorized trademark transfer. The judges' consideration in annulling the registered trademark transfer in Decision No. 74/Pdt. Sus-HKI/Merek/2023/PN Niaga Jkt. Pst was based on trial facts, including evidence and witness testimony. The plaintiff's request to annul the Trademark Transfer and Assignment Agreement between Bujung Benjamin and Wina Sukamdhani was granted on the grounds that the defendant had forged the signature on the agreement.