AKIBAT HUKUM MEREK BENSU PASCA PUTUSAN KASASI NOMOR 575K/Pdt.Sus-HKI/2020 BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS

Intellectual Property Rights played a key role in maintaining healthy
business competition as well as in preventing fraudulent competition of both
impersonation, piracy, and the unauthorized use of Intellectual Property Rights
(HKI). The trademark plays an important role in the world of marketing, but their
registration does not escape the possibility of some bad-faith's parties. This kind
of trademark registration which conducted through bad faith is often followed by
requests for an annulment by the owner of the prior rights. The research aims to
find out the basis for the judge's judgment in rendering case number 575k/ Pdt.
Sus-HKI / 2020 and the legal consequences for BENSU brands after the Ruling of
Supreme Court no. 575k/ Pdt. Sus-HKI /2020. The research used a normatif
approach and a constitutional approach through literature study and interviews
with one of the Faculty of Law Enforcement and as the one of the field personnel
supervisors of the law service and human rights division of the ministry of justice
and human rights of DIY, Mr Rudy susatyo. The result of the research is the panel
of judges for reasons refers to the Law no. 20 of 2016 on brands and
geographical indications. However, the determination of whether a brand has an
equation which at any given point is not clear how a brand's benchmark can be
said to have basically in common. Then, for the bensu brand itself, there is no
legal consequence after the ruling number 575k/ PDT sus-hki /2020.