Kekuatan Hukum Merek Yang Didaftarkan Atas Dasar Itikad Tidak Baik

A brand is name adhered to or stuck on a certain product which has been registered by is owner to the Directorate General of Intellectual Property Rights, Departement of Justice and Human Rights of the Republic of Indonesia by conducting good faith. A popular brand which is known widely by consumers will subdue the competitors with envy and cause them to imitate, to pirate, and even to forge the brand so that they will obtain the benefit in a very short time. Their action is forbidden, according ti Act Number 15, 2001.The type of methode used in this research was judicial formative approach, a research refering to legal norms and principles which were found in the legal provisions and the court ruling which were related to bad faith in registering the brands.The problems which would be analyzed in this research were as follows; first, how was the judge’s verdict in the case of Kinotakara and Prada brand in the registered brands in bad faith? Secondly, how to prove bad faith in registering brand names? Thirdly, how was the legal remedy which could be conducted by the third party toward a certain brand registered in bad faith?The result of the research showed that what had been done by PLT Royal Body Care Indonesia was categorized as unfair competition. The judicial tribunal of the Supreme Court, in the process of the Review, dismissed the claim of K-Link Sendirian Berhad as only owner who had the rights of the Kinotakara brand in Indonesia since the new evidence was too weak, whereas the judge’s verdict in the Prada brand in the procedure showed the evidence that Fahmi Babra had used the brand owned by PREFEL, S.A. without any right and was categorized as a bad faith registrar.It was suggested that the judge’s verdict, in the case of Kinotakara brand should not subjective. It was also suggested that the judge’s verdict, in the case of Prada brand which abrogated Fahmi Babra’s Prada brand should not be attached with the verdict of indemnities as it was claimed by PREFEL, S.A. The reason was that PREFEL, S.A., the legal owner of Prada brand, did not sustain big losses since the Prada brand began to be marketed in Indonesia in 1995 through its authorized ditributor, PT. Mahagaya Perdana. Fahmi Babra himself as the bad faith businessman registered Prada brand in about the same year.