Perlindungan Hukum Terhadap Peniruan Merek Terkenal Pada Merek Jollibee Berdasarkan Putusan Nomor 36/PDT.SUS-MEREK/2024/PN.Niaga.JKT.PST

Abstract

The development of modern trade positions trademarks as essential instruments in safeguarding the identity, reputation, and economic value of goods or services. Well- known trademarks receive special legal protection due to their strong distinctiveness and high level of public recognition. However, the practice of imitation or registration of trademarks resembling well-known marks still frequently occurs and creates legal disputes, as exemplified in the Jollibee trademark imitation case adjudicated in Decision No. 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst. The research addresses the following issues: How is the legal regulation of well-known trademarks in Indonesia, What are the legal consequences for parties registering trademarks resembling well-known marks. And how is legal protection applied in the case of Jollibee based on Decision No. 36/Pdt.Sus- Merek/2024/PN.Niaga.Jkt.Pst. This study employs a normative juridical method with a case study approach of Decision No. 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst. The data utilized include trademark legislation, court decisions, international agreements, and legal literature concerning the protection of well-known marks. Data analysis was conducted normatively and qualitatively to examine the application of law in protecting well-known trademarks and its implications for the parties involved in the case. The results of this study show that the protection of well-known trademarks in Indonesia has been comprehensively regulated under Law Number 20 of 2016 on Trademarks and Geographical Indications, which emphasizes the principles of constitutive registration, good faith, and special protection for the reputation and distinctiveness of well-known trademarks. This framework is consistent with international legal instruments such as the Paris Convention, the TRIPs Agreement, and WIPO recommendations. The registration of a trademark that resembles a well-known trademark gives rise to legal consequences in the form of trademark cancellation through a commercial court decision, which results in the deletion of the trademark and the loss of exclusive rights, as well as the possibility of civil claims and criminal sanctions. Decision Number 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst in the Jollibee case affirms that the first-to-file principle cannot protect trademark registrations made in bad faith, and it underscores the role of the state, through the Directorate General of Intellectual Property and the courts, in providing both preventive and repressive legal protection to safeguard well-known trademark owners, prevent consumer confusion, and maintain fair business competition.