Legal Protection Against the Trademark Property Rights “Bensu” (Ma Decision Analysis. No.:575 K /Ppdt.Sus-HKI / 2020)

Abstract

This research intends to examine how the form of legal protection of bensu trademark property in the perspective of the Trademark Law and whether the basis of legal considerations used by judges in dropping the verdict of the case number: 575 K / Pdt.Sus-HKI / 2020). The research method in this writing is normative legal research using primary, secondary, and tertiary legal materials. The analysis used is qualitative analysis. The results showed that the form of legal protection of bensu trademark property based on the perspective of the Brand Law is preventive legal protection that is legal protection before there is a violation of the law against the brand by registering the brand especially in order to get legal protection from the state, and repressive legal protection that is legal protection in case of violation of the law against the brand by filing a lawsuit of trademark cancellation, trademark infringement lawsuit, and temporary determination of the court to the Commercial Court. In addition, it can be done through alternative dispute resolution or through criminal charges. The basic legal considerations used by the judge in dropping the verdict of the case number: 575 K/Pdt.Sus- HKI/2020, is based on a constitutional system first to file. The judge only considers this case as a case concerning the first registrant of brands and brands that have similarities in essence or in whole. The judge did not notice that the word BENSU is the name or abbreviation of the name of a famous person that belongs to Ruben Samuel Onsu.

Keywords: brand, legal protection

DOI: 10.7176/JLPG/106-05

Publication date: February 28^th 2021