Tinjauan Yuridis Terhadap Pelindungan Hak Merek Dagang Terkenal Mogu-Mogu (Studi Putusan Nomor 37/Pdt-Sus.Hki/2023/Pn. Niaga Jkt. Pst)

Abstract

Trademarks, as a form of intellectual property, serve as a product's identity and reflect its quality and reputation. Legal protection for well-known trademarks in Indonesia is regulated by Law Number 20 of 2016, which protects trademark owners from unauthorized use. However, late registration or negligence is often exploited by third parties, as in the case of Sappe Public Company Limited against PT Delta Continental Indonesia, in the Central Jakarta Commercial Court's decision number 37/Pdt.Sus-HKI/2023/PN. Niaga Jkt Pst, which emphasized the importance of legal protection to prevent misuse of well-known trademarks. This research was conducted using a normative juridical method, employing both a statutory and case-based approach. Data sources were obtained from secondary data in the form of primary and secondary legal materials. Data collection was conducted through literature review and descriptive analysis. The protection of well-known trademarks in Indonesia is regulated by the TRIPs internationally and the 2016 Trademark Law nationally. The criteria include knowledge of trademark rights protection in Indonesia, which encompasses preventive and repressive protection, with registration being a primary requirement. Internationally, TRIPs requires ratifying countries to protect well-known trademarks, while at the national level, this rule is regulated by Law Number 20 of 2016. Trademark disputes are resolved through commercial or alternative courts, although decisions often vary, such as in the MOGU-MOGU case, where the defendant won because the trademark was not used. In Decision Number 37/Pdt.Sus- HKI/2023/PN. Niaga Jkt Pst, the Panel of Judges rejected the Plaintiff's lawsuit to remove the Defendant's MOGU-MOGU trademark because it failed to prove that the trademark had not been used for three years. Furthermore, the Defendant's exception was accepted because the lawsuit was deemed vague. As a result, the Plaintiff was ordered to pay court costs, and the Defendant was allowed to continue using the trademark.