The Legal Protection for Trademark Rights in the Judge's Decision of Indonesia

Abstract

Registered trademark, in Indonesia legal system, is entitled to legal protection, as required by the Act of Number of 15 of 2001 on Trademark Rights. It sometimes to provide guarantee of legal protection, will involve the role of a judge establishing a legal decision on dispute of trademark rights in the court. There is a problem of judge’s decision of Indonesia on dispute of trademark rights which in discussion of debate. In this context, it is the most important to do legal research in normative by conceptual and legislation approach related to legal certainty in legal protection for trademark rights in the judge’s decision of Indonesia. The result of research shows there judge’s decision which has already provided legal certainty for legal protection of trademark rights. Indonesia judge tends to accomodate legal protection of the applicant of trademark rights in the bad faith.

Keywords: Trademark Rights, The Judge’s Decision of Indonesia, and Legal Certainty