Abstract:
In its development, various types of Intellectual Property Rights were
agreed upon, which have not been recognized or recognized as part of Intellectual
Property Rights. aims to find out the regulations regarding the protection of foreign
trademarks known in the law on trademarks in Indonesia and law enforcement
regarding the resolution of the Superman and Pierre Cardin trademark cases based
on Aristoteles justice theory of justice. Specifically, this proposed research seeks to
achieve the objectives (1) To find out the regulation on the protection of wellknown
foreign trademarks in the law on trademarks in Indonesia (2) to find out law
enforcement regarding the settlement of Superman and Pierre Cardin trademark
cases based on justice theory Aristoteles. This research is a normative legal research
(legal research). Normative research is legal research within the realm of law in its
broadest sense. From the results of the study, it can be concluded that Indonesia has
arranged the protection of famous brands contained in Law No.20 of 2016. In
running the famous brand protection system, Indonesia uses the first to file
principle. As for the principle of first to file, who registers the trademark first, then
he is the holder of the mark, as long as it cannot be proven otherwise within a certain
deadline. Judges' considerations in the Superman and Pierre Cardin wafer cases,
according to the researchers, were not appropriate and did not fulfill the principle
of justice. This is because the judges only look at national rules, do not see other
regulations or international treaties such as TRIPs.
