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Oct 13, 2025 by wbrum.org 44 views

Legal Protection of Famous Trademark Holders in Indonesia: A Study of Decision Number 789K/Pdt.Sus-HKI/2016

Introduction

In today's competitive business landscape, trademarks play a vital role in establishing a brand's identity and reputation. Famous trademarks, in particular, are highly valued and sought after by consumers worldwide. However, the misuse or theft of famous trademarks by irresponsible parties can have severe consequences for brand owners. In Indonesia, the legal protection of famous trademark holders is governed by Law Number 20 of 2016 concerning Brands and Geographical Indications. This article will delve into the legal protection of famous trademark holders in Indonesia, with a focus on the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016.

The Importance of Trademark Protection

Trademarks are an essential aspect of a company's brand identity, serving as a symbol of quality, reliability, and trust. A strong trademark can differentiate a brand from its competitors, creating a unique selling proposition that resonates with consumers. In Indonesia, the use of trademarks is regulated by Law Number 20 of 2016, which provides a framework for the protection of trademarks, including famous trademarks.

The Concept of Famous Trademarks in Indonesia

In Indonesia, a famous trademark is defined as a trademark that has acquired a high level of recognition and reputation in the market. This recognition can be demonstrated through various means, including market use, sales of products that refer to the trademark, and recognition of the trademark in society. The concept of famous trademarks is crucial in Indonesia, as it provides a higher level of protection for brand owners who have invested significant resources in building their brand reputation.

The Role of Law Number 20 of 2016

Law Number 20 of 2016 is a comprehensive legislation that regulates the use of trademarks in Indonesia. The law provides special provisions for the protection of famous trademarks, including foreign trademarks. Article 14 of the law states that a trademark shall be considered famous if it has acquired a high level of recognition and reputation in the market. This provision is significant, as it provides a clear framework for the protection of famous trademarks in Indonesia.

The Supreme Court's Decision Number 789K/Pdt.Sus-HKI/2016

The Supreme Court's decision number 789K/Pdt.Sus-HKI/2016 is a landmark case that highlights the importance of trademark protection in Indonesia. In this case, the court considered the protection of the Lois brand, a famous trademark that has been recognized in Indonesia for its high quality and reliability. The court's decision demonstrates the strong evidence of the Lois brand's recognition in society, market use, and sales of products that refer to the brand. The court also considered the bad faith elements that were the reasons behind the violation, including the desire to take advantage of the established Lois brand reputation.

The Element of Bad Faith

The concept of bad faith is a crucial aspect of trademark protection in Indonesia. In the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016, the court considered the bad faith elements that were the reasons behind the violation. The court found that the violators deliberately or deliberately tried to take advantage of the reputation of the famous Lois brand. This finding is significant, as it demonstrates the importance of bad faith in determining the level of protection afforded to famous trademarks.

Conclusion

In conclusion, the legal protection of famous trademark holders in Indonesia is governed by Law Number 20 of 2016 and the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016. The concept of famous trademarks is crucial in Indonesia, as it provides a higher level of protection for brand owners who have invested significant resources in building their brand reputation. The Supreme Court's decision highlights the importance of trademark protection in Indonesia, demonstrating the strong evidence of the Lois brand's recognition in society, market use, and sales of products that refer to the brand. The element of bad faith is also a crucial aspect of trademark protection in Indonesia, as it determines the level of protection afforded to famous trademarks.

Recommendations

Based on the analysis of the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016 and the provisions in Law Number 20 of 2016, the following recommendations can be made:

Enhance trademark education: Trademark education is essential for brand owners, consumers, and law enforcement agencies to understand the importance of trademark protection in Indonesia.
Increase awareness of trademark infringement: Trademark infringement is a significant issue in Indonesia, and increasing awareness of the consequences of trademark infringement can help prevent such cases.
Strengthen trademark enforcement: Strengthening trademark enforcement is crucial in Indonesia, as it can help prevent trademark infringement and protect the rights of brand owners.
Provide support for brand owners: Providing support for brand owners, including foreign trademark holders, is essential in Indonesia, as it can help them navigate the complex trademark landscape and protect their brand reputation.

Future Research Directions

Future research directions in the area of trademark protection in Indonesia can include:

Comparative study of trademark protection in Indonesia and other countries: A comparative study of trademark protection in Indonesia and other countries can provide valuable insights into the strengths and weaknesses of Indonesia's trademark protection system.
Analysis of the impact of trademark protection on business: An analysis of the impact of trademark protection on business can provide valuable insights into the economic benefits of trademark protection in Indonesia.
Study of the role of bad faith in trademark protection: A study of the role of bad faith in trademark protection can provide valuable insights into the importance of bad faith in determining the level of protection afforded to famous trademarks in Indonesia.

References

Law Number 20 of 2016 concerning Brands and Geographical Indications.
Supreme Court's decision number 789K/Pdt.Sus-HKI/2016.
World Intellectual Property Organization (WIPO). (2020). Trademark Law and Practice in Indonesia.
Indonesian Intellectual Property Association (ASPI). (2020). Trademark Protection in Indonesia.

Appendices

Appendix 1: List of Abbreviations

ASPI: Indonesian Intellectual Property Association
WIPO: World Intellectual Property Organization

Appendix 2: Glossary of Terms

Bad faith: The intention to take advantage of the reputation of a famous trademark.
Famous trademark: A trademark that has acquired a high level of recognition and reputation in the market.
Trademark infringement: The unauthorized use of a trademark that is likely to cause confusion among consumers.

Appendix 3: List of References

Law Number 20 of 2016 concerning Brands and Geographical Indications.
Supreme Court's decision number 789K/Pdt.Sus-HKI/2016.
World Intellectual Property Organization (WIPO). (2020). Trademark Law and Practice in Indonesia.
Indonesian Intellectual Property Association (ASPI). (2020). Trademark Protection in Indonesia.
Q&A: Legal Protection of Famous Trademark Holders in Indonesia

In our previous article, we discussed the legal protection of famous trademark holders in Indonesia, with a focus on the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016. In this article, we will answer some frequently asked questions (FAQs) related to trademark protection in Indonesia.

Q: What is the definition of a famous trademark in Indonesia?

A: In Indonesia, a famous trademark is defined as a trademark that has acquired a high level of recognition and reputation in the market. This recognition can be demonstrated through various means, including market use, sales of products that refer to the trademark, and recognition of the trademark in society.

Q: What is the role of Law Number 20 of 2016 in trademark protection in Indonesia?

A: Law Number 20 of 2016 is a comprehensive legislation that regulates the use of trademarks in Indonesia. The law provides special provisions for the protection of famous trademarks, including foreign trademarks. Article 14 of the law states that a trademark shall be considered famous if it has acquired a high level of recognition and reputation in the market.

Q: What is the significance of the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016?

A: The Supreme Court's decision number 789K/Pdt.Sus-HKI/2016 is a landmark case that highlights the importance of trademark protection in Indonesia. In this case, the court considered the protection of the Lois brand, a famous trademark that has been recognized in Indonesia for its high quality and reliability. The court's decision demonstrates the strong evidence of the Lois brand's recognition in society, market use, and sales of products that refer to the brand.

Q: What is the concept of bad faith in trademark protection in Indonesia?

A: The concept of bad faith is a crucial aspect of trademark protection in Indonesia. In the Supreme Court's decision number 789K/Pdt.Sus-HKI/2016, the court considered the bad faith elements that were the reasons behind the violation. The court found that the violators deliberately or deliberately tried to take advantage of the reputation of the famous Lois brand.

Q: How can brand owners protect their trademarks in Indonesia?

A: Brand owners can protect their trademarks in Indonesia by registering their trademarks with the Indonesian Intellectual Property Office (IPPO) and by monitoring their trademarks for potential infringement. Additionally, brand owners can also consider filing a lawsuit against infringers to protect their trademarks.

Q: What are the consequences of trademark infringement in Indonesia?

A: The consequences of trademark infringement in Indonesia can be severe, including fines, imprisonment, and the revocation of the infringing trademark. In addition, the infringer may also be required to pay damages to the trademark owner.

Q: Can foreign trademark holders protect their trademarks in Indonesia?

A: Yes, foreign trademark holders can protect their trademarks in Indonesia. Indonesia is a member of the Paris Convention for the Protection of Industrial Property, which provides a framework for the protection of trademarks across borders. Foreign trademark holders can register their trademarks with the Indonesian Intellectual Property Office (IPPO) and can also file a lawsuit against infringers to protect their trademarks.

Q: What is the role of the Indonesian Intellectual Property Office (IPPO) in trademark protection in Indonesia?

A: The Indonesian Intellectual Property Office (IPPO) is responsible for the registration and protection of trademarks in Indonesia. The IPPO provides a framework for the registration of trademarks, including the examination of trademark applications and the issuance of trademark certificates.

Q: How can consumers protect themselves from trademark infringement in Indonesia?

A: Consumers can protect themselves from trademark infringement in Indonesia by being aware of the trademarks that are registered in Indonesia and by reporting any suspected trademark infringement to the Indonesian Intellectual Property Office (IPPO) or to the trademark owner.

Q: What are the benefits of trademark protection in Indonesia?

A: The benefits of trademark protection in Indonesia include the protection of a brand's reputation and goodwill, the prevention of trademark infringement, and the ability to recover damages from infringers. Additionally, trademark protection in Indonesia can also provide a competitive advantage in the market.

Q: How can businesses protect their trademarks in Indonesia?

A: Businesses can protect their trademarks in Indonesia by registering their trademarks with the Indonesian Intellectual Property Office (IPPO) and by monitoring their trademarks for potential infringement. Additionally, businesses can also consider filing a lawsuit against infringers to protect their trademarks.

Q: What is the future of trademark protection in Indonesia?

A: The future of trademark protection in Indonesia is likely to be shaped by the increasing importance of intellectual property rights in the country. The Indonesian government has been taking steps to strengthen the intellectual property system in Indonesia, including the establishment of the Indonesian Intellectual Property Office (IPPO) and the implementation of the Paris Convention for the Protection of Industrial Property.

Q: How can individuals and businesses get involved in trademark protection in Indonesia?

A: Individuals and businesses can get involved in trademark protection in Indonesia by registering their trademarks with the Indonesian Intellectual Property Office (IPPO), by monitoring their trademarks for potential infringement, and by reporting any suspected trademark infringement to the IPPO or to the trademark owner. Additionally, individuals and businesses can also consider filing a lawsuit against infringers to protect their trademarks.

Q: What are the resources available for trademark protection in Indonesia?

A: The resources available for trademark protection in Indonesia include the Indonesian Intellectual Property Office (IPPO), the Supreme Court, and various law firms and intellectual property attorneys. Additionally, there are also various online resources available, including the IPPO's website and various trademark protection websites.

Q: How can individuals and businesses stay up-to-date with the latest developments in trademark protection in Indonesia?

A: Individuals and businesses can stay up-to-date with the latest developments in trademark protection in Indonesia by following the IPPO's website, by attending intellectual property conferences and seminars, and by consulting with intellectual property attorneys. Additionally, individuals and businesses can also consider subscribing to intellectual property newsletters and publications.