Perlindungan Hukum terhadap Penerima Lisensi Merek Dagang dari Pelanggaran Merek (Studi Putusan Nomor 640 K/PDT.SUS-HKI/2020)

Abstract

The use of registered brands in Indonesia by the license users is deemed similar to using brands by their owners toward the registered brands, although revocation is still possible. The research problems are as follows:= how the implementation of law in brand violation in Medan is, how the legal remedy and sanction regarding brand violation in Jakarta is, and how legal protection for the users of brand licenses from brand violation (A Study on the Ruling No. 640 K/Pdt.Sus-HKJ/2020) is. The research employs juridical normative method with descriptive analytical approach. The data consist of secondary data which are gathered by conducting libra,y research and field research. They are analyzed by using qualitative method. Law enforcement on brand violation in the Ruling No. 640 K/Pdt. Sus­ HKJ/2020 states that the Defendant is the person who registers Samgong No IDM000261790 and Samgong GEAR No. IDM000646806 and who is not in good faith. It is stated that the brand registering Samgong No. IDM000261790 and Samgong GEAR No. IDM000646806 owned by the Defendant is revoked, along with all of its consequences. In Indonesia, the brand user can make a legal remedy from a brand violation when his brand is imitated, counterfeited, and diluted; it is undergone so that the product which is considered as the icon of its quality and can influence consumers to buy it is protecet d. The brand user can file a legal remedy in terms of legal protection for brand license users from brand violation in Indonesia (A Study on the Ruling No. 640 K/Pdt.Sus-HKI/2020). Legal protection for a famous brand in Indonesia emphasizesmore on legal certainty for its enforcement. Basically, there is the similarity of Samgong brand No. IDM000261790- and Samgong GEAR No. IDM000646806 owned by the Defendant to the famous brand, " SAMGONG", "SAMGONG and the logo gir(G)" and " logo gir(G)" owned by the Plaintiff. The Defendant is the person who registers the brand, SAMGONG No. IDM000261790 and SAMGONG GEAR No. IDM000646806 and who is not in good faith.