PERLINDUNGAN HUKUM TERHADAP HAKUBAKU DAN LOGO SELAKU MEREK TERKENAL BERDASARKAN UNDANG-UNDANG MEREK DAN INDIKASI GEOGRAFIS (STUDI PUTUSAN NOMOR 790K/Pdt.Sus-HKI/2020)

Abstract

Trademarks are part of Intellectual Property Rights that need to be protected because they contain
intellectual property that can bring economic benefits to the owner of the trademark rights. Brand
protection is important because brand imitation can occur. Well-known brands become targets for
impersonation. This study aims to determine the protection of well-known brands and the responsibility
of the Directorate General of Intellectual Property Rights as an institution that protects Intellectual
Property Rights. In 2020, there was a well-known trademark dispute between Hakubaku and Logo
from Japan and Hakubaku and Logo which were already registered in Indonesia. Hakubaku and Logo
from Japan are brands that have been used in 2006 and have become well-known brands since 2013.
This study focuses on the legal protection of Hakubaku and Logo as well-known brands by analyzing
the Supreme Court Decision Number 790K/Pdt.Sus-HKI/2020 and based on the Trademark Law
Number 20 of 2016 and also the Regulation of the Minister of Law and Human Rights Number 67 of
2016. The research method used is the normative research method with the support of additional
interviews with brand experts and examiners from the Directorate General of IP. The results of this
thesis research that well-known brands need to be protected so that no party imitates the shape of the
brand and logo of a well-known brand. Even though well-known marks have not been registered in
Indonesia, they must be protected because Indonesia has ratified the international Trips Agreement
and Paris Convention. The responsibility of the Directorate General of IP begins at the time of the
administrative, substantive examination, and until the certificate is issued. The Directorate General of
Intellectual Property Rights also needs to improve inspections so that every application for registration
of a mark does not contain a mark which has elements and similarities in principle with a well-known
mark. If the Directorate General of Intellectual Property Rights carries out its responsibilities
properly, then a violation of trademark rights should not occur.