Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-07 | 451-457
Original Research Article
Well-known Trademark Protection in Indonesia: The Essence of Good Faith and Legal Practices
Theresia N.A Narwadan, Ahmadi Miru, Oky Deviani Burhamzah, Winner Sitorus
Published : July 9, 2021
Abstract
The trademark role is important in advertising and marketing a particular business because the public often associates a distinctive image or the quality of goods and services with certain trademarks. This research will analyze the essence of adopting good faith in resolving disputes concerning well-known trademarks in Indonesia. The research adopted normative legal research using statute, cases, and conceptual approaches. The results show that the essence of good faith in well-known trademark dispute resolution is to protect well-known trademark owners who are honest, rational, and have tried to find a trademark's existence. Therefore, their trademark has no essential or overall similarity with other parties to minimize losses. The well-known trademark cases that have been submitted showed that the lack of indicators of good faith resulted in deciding the case. The Commercial Court of Central Jakarta decided based on the subjective of the judge. For this reason, the problem of disputes becomes complicated and complicated can arise when court decisions are inconsistent.