| dc.description.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. | en_US |
