| dc.description.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. | en_US |
