Analisis hukum terhadap itikad tidak baik dalam penolakan gugatan merek daluwarsa (studi kasus putusan ma no. 450 k/pdt.Sus/2014 jo. Putusan no. 89/pdt.Sus.Merek/2013/pn. Niaga.Jkt.Pst.) = Legal analysis of bad faith on the redusal of mark lawsuit due to expiration of lawsuit”( supreme court decision no. 450 k/pdt.Sus/2014 jo. Decision no. 89/pdt.Sus.Merek/2013/pn.Niaga.Jkt.Pst)

Penna, Irene Greatia Mariana (2019) Analisis hukum terhadap itikad tidak baik dalam penolakan gugatan merek daluwarsa (studi kasus putusan ma no. 450 k/pdt.Sus/2014 jo. Putusan no. 89/pdt.Sus.Merek/2013/pn. Niaga.Jkt.Pst.) = Legal analysis of bad faith on the redusal of mark lawsuit due to expiration of lawsuit”( supreme court decision no. 450 k/pdt.Sus/2014 jo. Decision no. 89/pdt.Sus.Merek/2013/pn.Niaga.Jkt.Pst). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

This research explains regarding the regulation of a refused mark lawsuit by reason of expiration, in this developing country, surely the needs of society increases, the presence of the increasingly sophisticated technology eases mankind to fulfill their needs, one of which is by trading. Traders shall be able to think of creative ways to differentiate the product they trade with other products, one of which is by creating a mark of the product they are trading. In this era, we often find companies or people who sell their product by using other companies’ mark, even more, they use wellknown marks which existed prior and sell the said products with a low price aiming to deceive consumers into believing that the product they sell is the same as the product being sold under the well-known mark, such issue surely deceives consumers which have purchased the product and believed that the said product is an original product, as in reality, they have purchased a product with a very low quality. Within this research, the author will analyze on the regulation of wellknown marks in Indonesia by looking into Supreme Court Decision No. 450 K/PDT.SUS/2014 which is a case between Lexus mark and ProLexus mark. In this research, the author’s objective is to understand the regulation on the lawsuit of the holder of well-known mark which is refused by reason of expiration in Indonesia and also to understand whether the regulation of well-known mark in Indonesia has been implemented in accordance with what is written.

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