Analisis Tentang Kepastian Hukum Perlindungan Merek Terkenal dalam Sengketa Merek Antara Gudang Garam dengan Gudang Baru

Abstract

The thesis studies the legal certainty of the trademark in a dispute between Gudang Garam and Gudang Baru which shows substantial similarity to the trademark of Gidang Garam well-known as a type of commodity in class 34, namely unfiltered cigarettes. The research problems are how about the legal certainty of the criteria of the famous trademark and substantial similarity to the famous trademark reviewed from the prevailing laws and regulations, how about the litigation that can be taken by the owner of the famous trademark trademark in order to gain legal protection against violations to substantial similarity, and how about the legal certainty for the famous trademark in the trademark dispute between Gudang Garam and Gudang Baru. This research employs normative method and statutory approach with a case study. It uses legal materials consisting of primary, secondary, and tertiary legal materials. The technique and instrument used for collecting data are library study and documentation study. The findings demonstrate that the legal certainty for the criteria of a famous trademark against substantial similarity is clearly regulated in the elucidation of Article 21 in the Law Number 20/2016 on Trademark and Geographical Indication. The litigation that can be taken by owner of the famous trademark is filing a lawsuit in case there is a violation to the exclusive rights that they have. The panel of Judges have different legal considerations concerning the dispute between Gudang Garam and Gudang Baru, in the Cassation Verdict Number 162 K/Pdt.Sus-HKI/2014, which enforcement does not provide legal certainty since Gudang Garam has normatively met the criteria of a famous trademark and Gudang Baru is proven to have bad faith and substantial similarity to Gudang Garam. In this case, it is suggested that the Judges pay attention to the jurisprudence of verdicts of former judges as guidance for settling a dispute over a famous trademark.