Analisis Yuridis Pelanggaran Prinsip Itikad Baik Dalam Kasus Merek Terkenal Jollibee dan Merek Lokal Jollybe (Studi Putusan No. 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst)

Abstract

Business competition in global trade is becoming increasingly complex, making legal protection for trademarks crucial, especially for well-known marks. The registration case of the local trademark "Jollybe" which bears similarities to the internationally renowned "Jollibee" has drawn legal attention due to the principle of good faith in Indonesia's trademark registration system. This research aims to examine how the principle of good faith is regulated under Law Number 20 of 2016 concerning Trademarks and Geographical Indications, to analyze the legal considerations in Decision No. 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst., and to assess the legal consequences of the decision for the parties involved.

This study is a normative legal research using statutory and case approaches. Data were obtained through library research consisting of primary, secondary, and tertiary legal materials, analyzed using descriptive qualitative techniques. Decision No. 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst. is the main subject of analysis, reviewed based on applicable legal provisions and legal doctrines regarding violations of the good faith principle.

The results indicate that the principle of good faith is a fundamental requirement in Indonesia’s trademark registration system. In the case of Jollibee versus Jollybe, substantial similarities were found, indicating a breach of good faith by the registrant of the Jollybe trademark. The panel of judges decided to annul the Jollybe trademark, despite its formal registration, as it was proven to be registered in bad faith and bore resemblance to the famous Jollibee mark. This decision sets an important precedent, emphasizing that protection of well-known marks takes precedence and affirming that the principle of good faith can override the first-to-file principle. The ruling affects the exclusive rights of Jollybe's trademark, strengthens Jollibee’s legal standing, and urges the Directorate General of Intellectual Property to be more rigorous in evaluating trademark registration applications.

Key Word: Good Faith, Well-Known Marks, Cancellation of Trademark, Jollibee, Jollybe.