Legal Protection for Famous Trademark in Indonesia: Case Study of the Supreme Court Decision No. 264/K/Pdt.Sus-HKI/2015

Abstract

In the contemporary landscape of international trade, the significance of branding cannot be overstated. The protection of renowned trademarks is enshrined in Indonesia's Law No. 20 of 2016 on Trademarks and Geographical Indications. Trademark protection in Indonesia is typically conferred post-registration. However, certain circumstances permit the revocation or cancellation of such protection, as evidenced in the IKEA case. This study delves into the regulatory landscape governing well-known brands in Indonesia and evaluates the extent of legal safeguards available to them, whilst also sought to ascertain the circumstances under which PT Inter IKEA Systems BV Sweden forfeited its brand rights and to delineate the legal protections afforded to the trademark holder, IKEA. Employing a normative juridical approach, the research hinged on literary analysis as its foundational data source. Findings elucidate that the IKEA brand, previously owned by PT Inter IKEA System BV Sweden, was rescinded subsequent to the issuance of Supreme Court Decision No. 264/K/Pdt.Sus-HKI/2015. Therefore, PT Ratania Khatulistiwa has garnered legal protection stemming from their registration of the IKEA mark with the Directorate General of HKI. Importantly, under prevailing legal provisions, third parties are empowered to seek the annulment of the IKEA brand if it remains dormant for 3 years, even if PT Ratania Khatulistiwa wasn't the brand's initial registrant.