Pengaturan Pendaftaran Merek Di Indonesia: Apa Peran Hukum Dagang?

Abstract

The formation of a conflict of norms between Article 3 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications and Decision Number 2/ Pdt.Sus.HKI.Merek/ 2022/ PN Niaga Sby represents that commercial law has not played an effective enough role in the formation of trademark registration regulations in Indonesia. Therefore, the implementation of Article 3 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications does not guarantee legal certainty to holders of trademark rights. This research was conducted with the aim of finding out the role of trade law in regulating brand registration in Indonesia and the legal certainty of regulating brand registration in Indonesia. This research was conducted through normative juridical methods using a statutory approach, a case approach and a conceptual approach. The research results show that commercial law acts as the main law (lex generalis) by handing over authority to intellectual property rights (one of the scopes of commercial law) to be able to determine the scope of its own regulation (lex specialis). Therefore, the birth of Law Number 20 of 2016 concerning Trademarks and Geographical Indications is an implementation of the role of commercial law within the scope of intellectual property rights. However, Article 3 of Law Number 20 of 2016 concerning Marks and Geographical Indications cannot be implemented effectively because there are different views of the judges who examine and adjudicate a case regarding marks with the norm substance of Article 3 of Law Number 20 of 2016 concerning Marks and Geographical Indication. This can be seen in the existence of a conflict of norms between Article 3 of Law Number 20 of 2016 concerning Marks and Geographical Indications and Decision Number 2/ Pdt.Sus.HKI.Merek/ 2022/ PN Niaga Sby.

Keywords

• hukum dagang
• kepastian hukum
• merek
• brand
• commercial law
• legal certainty