PROBLEMATIKA PERLINDUNGAN MEREK LINTAS NEGARA: STUDI PERBANDINGAN INDONESIA–THAILAND DAN IMPLEMENTASI PRINSIP WELL-KNOWN MARKS PUTUSAN MA NOMOR 1337 K/PDT.SUS-HKI/2025

Abstract

The development of global trade has increased the complexity of intellectual property rights protection, particularly in trademark disputes involving multiple jurisdictions. One issue that reflects this condition is the D-NEE trademark dispute involving the original trademark owner from Thailand and a party in Indonesia. This dispute highlights the challenges in applying the territorial principle of trademark protection, especially when a well-known mark in its country of origin is registered by another party in a different jurisdiction. Moreover, this study aims to examine the legal protection of intellectual property rights between Indonesia and Thailand in the context of cross-border trademark disputes, as well as to examine judicial considerations in the decisions of the Jakarta Commercial Court Case Number 125/Pdt.Sus-HKI/Merek/2024/PN Niaga Jkt.Pst and the Supreme Court of the Republic of Indonesia Case Number 1337 K/Pdt.Sus-HKI/2025. The analysis focuses on the application of the concepts of substantial similarity and bad faith in trademark registration. Furthermore, this research employs a normative juridical method using statutory, case, and conceptual approaches. The data used consist of primary, secondary, and tertiary legal materials, which are analysed qualitatively through a descriptive-analytical method. The results indicate that cross-border trademark protection still faces challenges in terms of regulatory harmonization and the implementation of the first-to-file principle, thereby creating opportunities for trademark registration in bad faith. In addition, judicial considerations in this case emphasize the assessment of substantial similarity and the presence of bad faith as the basis for trademark cancellation. The differences in decisions between the court of first instance and the cassation level demonstrate the broad interpretative space available to judges in assessing facts and applying legal norms. Therefore, strengthening legal harmonization and enhancing consistency in the application of trademark protection principles are necessary to ensure greater legal certainty in cross-border trademark disputes.