International Journal of Law, Crime and Justice
Vol. 2 No. 2 (2025): June : International Journal of Law, Crime and Justice

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

Rini B. A. Silitonga (Unknown)
Hulman Panjaitan (Unknown)
Paltiada Saragi (Unknown)



Article Info

Publish Date
26 Apr 2025

Abstract

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.

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Journal Info

Abbrev

IJLCJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social ...