Analisis Yuridis Keefektifan Pelindungan Hukum Merek Menurut Sistem First to File terhadap Merek Kedaluwarsa (Studi Putusan Nomor: 3/Pdt.Sus.Hki/Merek/2022/PN Niaga Mdn)

Abstract

Indonesia adheres to the first to file system, where the exclusive right to a trademark is granted to the party who first registers it without considering the party who first owns and uses the trademark. Problems arise when a trademark that has been registered and used for a long time becomes expired, then re-registered by another party who is not the original owner. This research is a normative juridical approach with legislation. The results show that the first to file system can cause legal injustice if it is not balanced with the protection of good faith in trademark registration. In the decision studied, the Panel of Judges did not consider the position of the previous trademark well and did not examine wisely the element of bad faith of the new registrant, thus not providing optimal protection for the initial trademark owner who neglected to extend the registration. Therefore, it is necessary to strengthen regulations and legal mechanisms to prevent abuse of the first to file system, especially against active trademarks that have been used for a long time. This research aims to analyse the effectiveness of legal protection of trademarks according to the first to file system in the context of expired trademarks, with a case study on Decision Number: 3/Pdt.Sus.HKI/Merek/2022/PN Niaga Mdn.