LEGAL ANALYSIS OF LAWSUIT FORMALITIES ASPECT WITH PROPOSITION OF WELL-KNOWN MARKS BY FOREIGN MARKS (CASE STUDY OF WELL-KNOWN MARK NUMBER 790 K/PDT.SUS-HKI/2020)

Abstract

Brand has become a very important identity in the trade sector and the world economy. If there is a foreign well-known mark, whose mark has been registered in Indonesia by another party but the foreign well-known mark has not been registered before, of course this has the potential to cause a dispute. In the case of Decision Number 790 K/Pdt.Sus-HKI/2020 a foreign mark filed a lawsuit against the Indonesian party who had previously registered the mark on the same brand, with the proposition that it was a well-known mark and trademark cancellation lawsuit. However, in the court the Panel of Judges had not yet reached the stage of examining the main case, this was related to the formality aspect of the lawsuit filed by the Defendant. In his analysis, the author used a normative juridical approach and found defects that were not in accordance with the formality aspect, which made the lawsuit formally flawed and the decision became the decision of Niet Ontvankelijke Verklaard (NO). The inappropriate aspect of formality is, in the making a power of attorney and ne bis in idem defects. The author also finds a deficiency in Law Number 20 of 2016 concerning Trademarks and Geographical Indications in terms of trademark registration in Indonesia, there are no requirements regarding mark philosophy and this results in multiple interpretations and different interpretations regarding well-known brands and similarities in essence or in whole.