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Universitas Sumatera Utara
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Juridical Analysis of Proof in Intellectual Property Rights Disputes that Contain Trade Secrets Dedi Kurnia Suranta Ginting; Saidin; Tengku Keizerina Devi; Jelly Leviza
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 4 No. 1 (2023): May 2023
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (402.592 KB)

Abstract

The aim to be achieved from this research is to analyze and find out the legal protection for trade secret holders; to analyze and find out the contractual relationship between employees and companies in maintaining and protecting Trade Secrets; and to analyze and find out the application of information confidentiality proving law in cases of violations of boiler machine trade secrets based on Supreme Court Decision No. 3305/K/Pdt/2016 dated 24 January 2017 and the Lunpia Express trade secret violation case based on Supreme Court Decision No. 2535K/Pdt/2016 dated 8 December 2016. This research used a documentation study approach with qualitative data analysis. The results of the study show that the Supreme Court's Decision No. 3305/K/Pdt/2016 dated 24 January 2017 stated that PT. HCMI was proven to have violated trade secrets by using the same production and sales methods as PT. BPE obtained from Calvin Jonathan Barus, et al as former employees of PT. BPE. This is inseparable from the verification process which proves that PT. BPE is the first distributor of boiler machines that have economic value and keep their production methods secret.
Legal Protection Against the Imitation of the Well-Known Jollibee Trademark Based on Court Decision Number 36/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst Qaterunnada Salshabilla Siregar; Saidin; Zulfi Chairi
Global Journal of Law, AI & Ethics Vol. 2, No. 1, February 2026
Publisher : CV. Cognispectra Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65917/gjlae.v2.i1.58

Abstract

This research aims to analyze the legal framework governing well-known trademarks in Indonesia, the legal consequences of registering trademarks that resemble well-known marks, and the forms of legal protection against the imitation of the well-known trademark Jollibee based on Decision Number 36/Pdt.Sus-Merek/2024/PN Niaga Jakarta Pusat. The research adopts a normative juridical method, employing statutory and conceptual approaches through a literature review of trademark regulations, legal doctrines, and court decisions. The findings indicate that Law Number 20 of 2016 provides protection for well-known trademarks, including those not yet registered, by limiting the application of the first-to-file principle through the requirement of good faith. The a quo decision affirms the application of substantive protection by prioritizing the reputation and distinctiveness of well-known trademarks over mere registration formalities, and by invalidating a trademark proven to imitate and exploit the reputation of the Jollibee trademark. This research concludes that although judicial protection for well-known trademarks in Indonesia has developed in line with international standards, strengthening administrative mechanisms remains necessary to more effectively prevent trademark imitation and to ensure legal certainty
Co-Authors Dedi Kurnia Suranta Ginting Jelly Leviza Qaterunnada Salshabilla Siregar Tengku Keizerina Devi