The Protection Of Brands Of Famous People (Analysis Of The Decision Of The Supreme Court Number 1299 K /. Pdd.Sus-Hki / 2017)

    Nugraha Abdul Kadir ,Khairul Alfi ,Elok Hikmawati ,Deden Sutisna
    Keywords: Intellectual Property Rights, Trademarks, Bad Faith, Famous Brand Brands ,


    This study aims to determine how the legal protection of the famous brand name "IWAN TIRTA" on the
    trademark PT. Pusaka Iwan Tirta and Batik Iwan Tirta. As well as knowing how the provisions regarding
    brand impersonation analysis conducted by parties in good faith to imitate famous brand names in
    decision number 1299 k / pdt.sus-hki / 2017, on December 22, 2017. Based on the results of the analysis in
    this study, that Legal protection for famous brands is regulated in Act Number 15 of 2001 concerning
    Trademarks and Act Number 20 of 2016 concerning Trademarks and Geographical Indications.
    Regarding the case of PT PUSAKA IWAN TIRTA, it can be concluded that having bad faith has a similarity
    in principle with the trademark BATIK IWAN TIRTA, besides it also does not have a permit or license to use
    the element of the name of a famous person "IWAN TIRTA" from the owner of exclusive rights to the
    trademark registered BATIK IWAN TIRTA. The implementation of legal protection for well-known brands in
    Indonesia is in accordance with applicable law and elements of fame and bad faith can be proven in
    accordance with laws and regulations. It's just that in the appeal appeal cassation decision it is necessary
    to add Article 41 paragraph (1) and Article 41 paragraph (2) of Law Number 20 Year 2016 Regarding
    Trademark and Geographical Indications in weighing and giving said decision.

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