Ditulis pada: 9/16/2020
The Lawsuit of Dispute Around Trademark Indonesia - Disputes and lawsuits happen a lot in the trademark world, especially the trademark indonesia circle scope. Some circumstances make disputes unavoidable, no matter how strict the system has protected.
Unfortunately, this could happen to you, or maybe you are the one who is suing another party. Well, what are Indonesia's law systems about lawsuit disputing?
Four Paragraph of Brand Violation Lawsuit
- The Indonesia Law No. 15 of 2001 Chapter XI of Dispute Settlement about Brand, Paragraph 76 speaks two things:
- The owner of a legitimately trademarked brand is allowed to sue the other party who intentionally uses the same brand idea or has a lot in common with their goods and services. The lawsuit will be: a) compensation suit, and/or b) termination of every production related to the brand.
- The lawsuit indicated in sentence one (b) is submitted to the Commercial Court.
- Indonesia Law No. 15 of 2001 Chapter XI of Dispute Settlement about Brand, Paragraph 77 speaks: “The lawsuit of brand violation indicated in sentence 76 is submittable through the authorized party of legitimately trademarked Brand License alone or also with the owner of the related brand.”
- The Law of Indonesia No. 15 of 2001 Chapter XI of Dispute Settlement about Brand, Paragraph 78 speaks two things:
- During the investigation of the lawsuit, and to prevent more of a disadvantage for the licensed brand, due to the plea from the brand owner as of the plaintiff party, the judge is allowed to order the defendant to temporarily stop the production, or selling the goods and services using the indicate brand (without any right to do so.
- The defendant is also ordered to concede the goods that used the brand (without any right to do so), the judge is also allowed to order the concede of the goods (or its value) is implemented after the verdict owns the authority.
- The Law of Republic Indonesia No. 15 of 2001 Chapter XI of Dispute Settlement about Brand, Paragraph 79 speaks “the verdict of Commercial Court can only be filed for a cassation.”
The Latest Famous Dispute Lawsuit Case in Indonesia
There is a very famous dispute lawsuit case in Indonesia, between two franchises of ayam geprek, or crushed-spicy-chicken that happened less than 2 years ago.
This case was pretty famous for its defendant who happened to be a well-known artist and comedian. He was accused of stealing the name of a crushed spicy chicken brand, which is called “I am Geprek Bensu”.
This was a pretty tricky case for the public since Bensu itself has been the artist’s character that comes from his name, Ruben Onsu.
But, though the public had not made up their mind, the attorney for both parties has come out with a result. The “Geprek Bensu” brand was first legitimately trademarked as belonging to Benny Sujono. Reportedly both parties are fine with the result and on a further settlement.
Well, those are the law of dispute in Indonesia’s trademark circle scope and an example of the current case.