Analisis Yuridis Terhadap Pertimbangan Hukum dalam Penyelesaian Sengketa Pendaftaran Merek yang Melanggar Asas Itikad Baik (Studi Putusan Nomor 43 Pk/Pdt.Sus-Hki/2024)

Abstract

Technological advances have a significant impact on the industrial and trade sectors. The impact can be seen from the increasing business sector, the strategic role of Intellectual Property Rights in driving technological progress. Brand owners have an obligation to register their brands, but the Directorate of Trademarks will only grant rights to a brand if the registration application is made in good faith. The principle of good faith is the most important part of the trademark registration process. The implementation of the principle of good faith in trademark registration has an important role in protecting registered trademark owners. This principle functions as a filter against attempts to imitate brands. One of the trademark registrations is the olakisat brand, where the trademark registration violates the principle of good faith.

This study focuses on three problem formulations, namely: First, How does trademark registration compare with the first to file principle and the first to use principle? Second, How are the regulations regarding the principle of good faith in the trademark registration system in Indonesia? Third, What are the consequences of the judge's legal considerations in violating the Ola Kisat trademark registration based on Decision Number 43 / PK / Pdt.Sus-HKI / 2024? This study uses a normative legal research method with qualitative analysis.

The results of the discussion in this study Legal protection for legitimate trademark holders is an important pillar in the Intellectual Property Rights system in Indonesia. The case of the acquisition of the "OLA KISAT" trademark between Darna Tarigan and Sumardi Eko is a real example of how the principle of first to use (rights for the first to use) can defeat the claim of first to file (first registrant) when there is evidence of bad faith. The principle of good faith (good faith) and protection of brands that have been used consistently are put forward, even though they have not been formally registered. Thus, this case is a crucial lesson for business actors to avoid monopolistic practices of brands that are detrimental to other parties, while encouraging transparent and fair registration of Intellectual Property Rights.