PERLINDUNGAN HUKUM KEPADA PEMILIK MEREK TERKENAL TERHADAP PENDAFTAR PERTAMA YANG BERITIKAD TIDAK BAIK BERDASARKAN SISTEM PENDAFTARAN KONSTITUTIF (FIRST TO FILE) PADA BARANG SEJENIS MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2016 (STUDI KASUS PUTUSAN NOMOR 41/Pd

Abstract

The emergence of a dispute in the field of Intellectual Property Rights in this case Mark Rights as part of one of the main branches of Intellectual Property Rights hereinafter referred to as HKI, namely Intellectual Property Rights or Industrial Property Rights, in addition to the other main branch, namely Copyrights, has been the case for a long time, as it turns out. from the existence of jurisprudence regarding trademark disputes which are basically a form of effort to imitate or support the fame of a brand that is owned by a party and has been used for a long time (first to use system), while the mark has been registered in advance by the other party at the Directorate General of Marks. and get a trademark certificate (first to file system), but the registration is done in bad/bad faith. The owner of a well-known mark that is harmed may file a lawsuit for the cancellation of the mark against the opposing party on the basis of Article 77 paragraph (2) in conjunction with Article 21 paragraph 1 letter (b) and paragraph of Law Number 20 of 2016 concerning Marks and Geographical Indications. This article is the basis for the lawsuit by Ronny Lukito as the owner of the EIGER brand because he has used the mark for a long time against Budiman Tjoh as a Defendant who has registered his trademark in bad faith. Based on this, the writer is interested in researching and reviewing this subject as stated in the title of this thesis. This study uses a normative juridical method using legal data obtained from primary, secondary, and tertiary legal materials. The results of the study show that although the Trademark Law adopts a constitutive system (first to file system), if the first registrant has good faith in registering his mark, then the owner of a well-known mark who fails to register his mark is still given protection by law through a trademark cancellation lawsuit. because the law always provides protection for the right and honest owner.