Pelindungan Hukum Terhadap Merek Terkenal Jollibee Atas Tindakan Passing Off (Studi Putusan PN Niaga Jakarta Pusat Nomor 9/Pdt.Sus-Merek/2023/PN.Niaga.Jkt.Pst Dan Putusan MA Nomor 1051 K/Pdt.Sus-HKI/2023)

Abstract

Infringement of well-known trademarks through acts of passing off is a recurring legal issue in Indonesia. One such case involves the trademark dispute between Jollibee Foods Corporation, as the Plaintiff, and Karsino, as the Defendant. The differing legal considerations between the District Court and the Supreme Court in adjudicating the JOLLIBEE trademark dispute are significant for analysis, especially regarding the judges' evaluation of the existence of "JOLLIBEE" as a well-known trademark owned by Jollibee Foods Corporation (JFC). This study raises the following research questions: (1) Does the current legislation provide legal certainty for well-known trademark holders? (2) How does legal protection against passing off for well-known trademarks compare between Indonesian and Singaporean trademark law? (3) How is legal protection afforded to well-known trademarks in relation to passing off based on Central Jakarta Commercial Court Decision No. 9/Pdt. Sus-Merek/2023/PN.Niaga.Jkt.Pst and Supreme Court Decision No. 1051 K/PDT.SUS-HKI/2023? This thesis employs a normative juridical research method, which focuses on legal norms through library research to obtain secondary data, including primary, secondary, and tertiary legal materials relevant to the research problems. The nature of the study is descriptive, and the data are analyzed qualitatively. The findings of this study conclude that national trademark law in Indonesia has fulfilled the element of legal certainty, as its provisions are clearly formulated, avoiding multiple interpretations and facilitating enforcement at the national level. However, the protection of well-known trademarks against passing off under Singapore's Trademark Act is more detailed and assertive, offering a more comprehensive safeguard compared to Indonesia. Legal protection for well-known trademarks against passing off in Indonesia remains suboptimal, as illustrated by the Central Jakarta Commercial Court Decision No. 9/Pdt. Sus- Merek/2023/PN.Niaga.Jkt.Pst and Supreme Court Decision No. 1051 K/PDT.SUS-HKI/2023, both of which failed to cumulatively consider the criteria of well-known trademarks as outlined in Law Number 20 of 2016 on Trademarks and Geographical Indications. This shortcoming resulted in weak evidentiary support for passing off in the case.