PENYELESAIAN SENGKETA MEREK MELALUI GUGATAN PERDATA: EFEKTIVITAS PENGADILAN NIAGA DALAM PERLINDUNGAN HKI DI INDONESIA

Abstract

Trademark disputes are a key issue in the protection of Intellectual Property Rights (IPR) in Indonesia, particularly amidst increasing trade activity, digitalization, and cross-border business expansion. As intangible assets, trademarks possess significant economic value, making them vulnerable to misuse by parties acting in bad faith. Trademark disputes are generally resolved through civil lawsuits in the Commercial Court, as stipulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications (the MIG Law). However, the effectiveness of these dispute resolutions remains frequently questioned, particularly regarding the evidentiary process, the interpretation of elements of similarity in essence or in their entirety, and the execution of decisions, which often face administrative obstacles. This research employs a normative juridical method with a statutory, case-based, and conceptual approach. This study examines several Commercial Court decisions, including those involving IKEA, Kopi Kenangan, Hugo Boss, and Pierre Cardin, as well as other trademark disputes, to illustrate how civil law theory, the concept of good faith, and the principle of well-known trademark protection are implemented in judicial practice. The research findings indicate that the Commercial Court, as a norm, has special authority and a rapid mechanism for resolving IPR disputes. However, challenges remain in the areas of consistency of decisions, overlapping administrative and litigation authority, and weak harmonization between national trademark protection and international standards. Therefore, institutional strengthening of the Commercial Court, digitization of the trademark verification system, and reconstruction of legal interpretations related to similarity in substance are needed to strengthen IPR protection in Indonesia.