Analisis Yuridis Ganti Rugi dalam Perkara Unilever Melawan Hardwood Atas Penggunaan Suatu Merek yang Memiliki Persamaan pada Pokoknya (Studi Perbandingan Putusan Nomor 30/Pdt.Sus-Merek/2020/PN Niaga Jkt. Pst, Putusan Nomor 332/K/Pdt.Sus-HKI/2021, dan Putusan Nomor 22 PK/Pdt.Sus-HKI/2022)

Abstract

Article 83, paragraph (1) of Law No. 20/2016 on Brand and Geographical Indication is concerned with compensation and stopping any action concerning using a brand illegally which harms its owner. The research problems are as follows: how about the regulation on filing a complaint about compensation for a brand based on Law No. 20/2016 on Brand and Geographical Indication, whether Article 83, paragraph (1) of Law No. 20/2016 has been able to give legal protection in civil lave for a registered brand owner whose brand is used illegally, and whether judge's legal consideration in the Ruling No. 30/Pdt.Sus-Merek/2020/PN Niaga Jkt. Pst has given legal certainty to illegal offense in using a similar brand principally.

The research employs juridical normative method with a case-study design Primary and secondary data are gathered by conducting library research and analyzed, and the conclusion is drawn deductively,

The result of the research shows that filing a complaint about coompensation on brand is based on the provision of Article 83 of Law No. 20/2016 on Brand and Geographical Indication which states that the owner of a registered brand or the proxy of the brand license con file a compensation and/or stopping any action concerning the use of the brand. This article can give legal protection in civil law for a registered brand owner. The judge's legal consideration in the Ruling No. 30/Pdt Sus-Merek/2020 PN Niaga Jkt. Pst is correct, appropriate, and has given legal certainty by applying and fulfilling the provision in Article 83, paragraph (1) of Law on Brand and Geographical Indication.

Some recommendations are as follows: legal certainty and other regulations on the types of compensation can be submitted in Law No. 20/2016 on Brand and Geographical Indication. Article 83. paragraph (1) on Brand and Geographical Indication not only give legal protection repressively but also brut also give legal protection preventively to unregistered brands. The judge's legal consideration in the Ruling No. 30/Pdt. Stus-Merek/2020 PN Niaga Jkt. Pst is

expected to be able to be the consideration and evaluation about the types and the

calculation of the compensation on the use of similar brand principally and the use

of a brand without the permission of the owner in the same case in the future.