KEDUDUKAN ISTIMEWA MEREK TERKENAL (ASING) DALAM HUKUM MEREK INDONESIA

Abstract

The first to file registration system is considered not to provide protection and legal certainty for well-known trademark owners. A brand known for its famous status has a special position. The purpose of writing this article is to argue that even though a well-known brand has not been registered in Indonesia, it is still privileged because of its famous phrase. The method used in this research is the normative. Indonesia should protect well-known marks even though they are not registered in the general list of marks, as regulated in the TRIPs Agreement and the Paris Convention. The TRIPs Agreement and the Paris Convention must be used as a source of law by Indonesia as a consequence of participating in the WTO to provide protection and legal certainty for well-known trademark owners.