Analisis Yuridis Terhadap Sengketa Merek Brand Fashion Internasional Polo By Ralph Lauren (Studi Putusan Nomor 10 PK/Pdt.Sus-HKI/2024)

Abstract

A brand is one part of Intellectual Property Rights closely related to the fashion industry, in forming an identity and creating sales value (branding). A registered brand has exclusive rights that provide legal protection and economic value to the brand owner, in accordance with the provisions of Law Number 20 of 2016 concerning Brands and Geographical Indications. However, a registered brand still faces the risk of brand disputes, which usually contest ownership rights to the brand. The brand dispute in this research is related to the use and registration in bad faith claim of ownership of the Polo By Ralph Lauren brand in Indonesia based on Decision Number 10 PK/Pdt.Sus-HKI/2024. Related to the issues discussed are the regulations on brands in the resolution of brand disputes, how legal protection works, and the judge's considerations regarding the Polo By Ralph Lauren brand in Decision Number 10 PK/Pdt.Sus-HKI/2024. This research uses a normative legal research method with a descriptive research nature and employs both legislative and case approaches. In addition, the research is conducted by examining secondary data in the form of primary, secondary, and tertiary legal materials, and for data collection techniques and tools, it uses literature study and qualitative data analysis. This research found that brand arrangements and dispute resolution are comprehensively regulated under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, but there are legislative regulations that support the main regulations related to dispute resolution, namely the Criminal Code and Law Number 30 concerning Arbitration and Alternative Dispute Resolution. The legal protection in Decision Number 10 PK/Pdt.Sus-HKI/2024 was carried out with preventive measures in the form of registering the six variations of Polo By Ralph Lauren trademarks as stipulated in Article 3 of the MIG Law and with repressive measures through the submission of previous applications up to the PK stage. The legal reasoning of the judge in this decision alleges that the PK applicant, in accordance with Article 21 paragraph 3 of the MIG Law, acted in bad faith in the trademark registration system for the Polo By Ralph Lauren trademark.