THE DIFFERENCE OF LEGAL PROTECTION IMPLICATIONS ON TRADEMARKS OF COMPANIES IN INDONESIA BY COMPARING THE FIRST TO USE PRINCIPLE AND FIRST TO FILE PRINCIPLE
Prisca Oktaviani Samosir, Aida Maysriwigati Mustafa

Universitas Agung Podomoro

Abstract

Trademark is intangible goods. In the trademark, inherent value is an intangible asset for the owner because the trademark gives ownership rights as the legal subject, namely individuals (natural persoon) or legal entities (recht persoon), so that trademarks become intangible assets. Because the trademark has value, it is appropriate for trademark owners to get legal protection. Legal protection for trademark in Indonesia is only given to trademark owners who register their trademarks for the first time, in the principle, first to file. Indonesia does not use the principle of first to use, where the first trademark user has protection against the trademark. Whereas in other countries such as Saudi Arabia, the United States, Singapore, Australia, etc. apply the principle of first to use. The application of these two principles has a difference to the implications for legal protection provided specifically on company-owned trademarks. This paper will discuss the differences in the implications of legal protection for company trademarks in Indonesia by comparing the principles of first to use and the principle of first to file. This paper used normative method with an economic analysis of law approach. So, it is expected that this paper can contribute ideas to fill the legal vacuum regarding the authority of trademark registrants by companies that have not been regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications.

Keywords: First to File, First to Use, Indonesia, Trademark

Topic: Private Law

Link: https://ifory.id/abstract-plain/v8VAcHfmE7DU

Web Format | Corresponding Author (Prisca Oktaviani Samosir)