JURIDICAL REVIEW OF SUPREME COURT DECISION CONCERNING WELL-KNOWN TRADEMARKS PROTECTION IN INDONESIA

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.