Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Legal Protection for Owners of Well-Known Trademarks from the Perspective of Court Decisions

View through CrossRef
Protection of well-known trademarks is a crucial aspect of intellectual property systems, especially in the face of global trade dynamics and the development of digital technologies. This study aims to analyze the effectiveness of legal protection for owners of well-known trademarks from the perspective of court decisions in Indonesia. Using a qualitative method based on a normative juridical approach and case studies of court rulings (including the Hugo Boss and Superman cases), this research reveals that trademark protection in Indonesia remains reactive, dependent on litigation, and has not fully prevented the registration of confusingly similar trademarks by parties acting in bad faith. Moreover, the absence of objective standards for defining well-known trademarks and indicators of bad faith weakens legal certainty. On the other hand, courts have begun to show consistency in rejecting trademark registrations that violate the principles of well-known trademark protection, although this has yet to be supported by an adequate administrative system from the Directorate General of Intellectual Property (DJKI). The study recommends the establishment of technical regulations, strengthening DJKI’s capacity, and integrating protection systems with international norms as strategic steps to reinforce legal protection for owners of well-known trademarks in Indonesia.
Title: Legal Protection for Owners of Well-Known Trademarks from the Perspective of Court Decisions
Description:
Protection of well-known trademarks is a crucial aspect of intellectual property systems, especially in the face of global trade dynamics and the development of digital technologies.
This study aims to analyze the effectiveness of legal protection for owners of well-known trademarks from the perspective of court decisions in Indonesia.
Using a qualitative method based on a normative juridical approach and case studies of court rulings (including the Hugo Boss and Superman cases), this research reveals that trademark protection in Indonesia remains reactive, dependent on litigation, and has not fully prevented the registration of confusingly similar trademarks by parties acting in bad faith.
Moreover, the absence of objective standards for defining well-known trademarks and indicators of bad faith weakens legal certainty.
On the other hand, courts have begun to show consistency in rejecting trademark registrations that violate the principles of well-known trademark protection, although this has yet to be supported by an adequate administrative system from the Directorate General of Intellectual Property (DJKI).
The study recommends the establishment of technical regulations, strengthening DJKI’s capacity, and integrating protection systems with international norms as strategic steps to reinforce legal protection for owners of well-known trademarks in Indonesia.

Related Results

Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com Abstract Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash Abstract This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...
The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks
The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks
In the current era of globalization and modernization, trademarks play a crucial role in distinguishing products or services in the market. Valid and protected trademark rights are...
Analysis of the Constitutional Court Cases in 2022
Analysis of the Constitutional Court Cases in 2022
The Constitutional Court received a total of 2,829 cases in 2022 alone. Among the decisions made by the Constitutional Court in 2022, this paper reviews major decisions centered on...
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere is a monograph that argues for a fundamental reorientation of constitutional law around the realities of biospheric interdep...
Legal Protection of Personal Data as Listed in Court Decision: A Discourse Renewal
Legal Protection of Personal Data as Listed in Court Decision: A Discourse Renewal
This study aims to examine and analyze the actualization of specific personal data protection, especially criminal records in the context of court decisions. In the digital era and...
On the Status of Rights
On the Status of Rights
Photo by Patrick Tomasso on Unsplash ABSTRACT In cases where the law conflicts with bioethics, the status of rights must be determined to resolve some of the tensions. ...
Populisme Mahkamah Konstitusi dalam Penafsiran Perkara-Perkara pada Wilayah Open Legal Policy
Populisme Mahkamah Konstitusi dalam Penafsiran Perkara-Perkara pada Wilayah Open Legal Policy
In the past seven years, the striking characteristic of cases filed before the Constitutional Court (MK) has developed into cases at the open legal policy level. In open legal case...

Back to Top