The Need for Consistency in Law Application

Oct 13, 2025 by pinkandtrash.com 68 views

Introduction

The use of certain brands in the community often leads to legal problems, especially when a well-known brand is used without permission for similar goods or services. This not only harms the brand owner but can also outwit consumers. The case that will be discussed in this article is about the "I Am Geprek Bensu" brand equation which is the subject of decision number 57/Pdt.Sus-Merek/2019/PN.Niaga JKT Central. This article will examine the brand registration system in Indonesia and legal protection for brand owners in the event of a registration equation.

The Brand Registration System in Indonesia

The brand registration system in Indonesia adopts the principle of "First to File", which means the brand registration is only given to the party who first submitted an application. The state will not provide registration for brands that have similarities with brands that have been previously registered, especially for similar goods or services. In this context, legal protection for new brand owners will apply after the brand is registered. However, in the case of "Bensu Logo" and "Bensu Painting", both have been registered, thus giving rise to complexity in terms of legal protection.

The Principle of "First to File"

The principle of "First to File" is a fundamental concept in brand registration. It means that the brand registration is only given to the party who first submitted an application. This principle is designed to prevent disputes over brand ownership and to ensure that the brand registration process is fair and transparent. However, in practice, the existence of famous brands can change the results of the decision.

The Decision of the Judge

In the decision taken by the judge, there is an emphasis on a more famous brand. The judge provides legal protection to the "Bensu Logo" brand based on the criteria of well-known brands, in accordance with Article 11 of the Brand Law and Geographical Indications. This shows that although the brand registration system prioritizes the principle of "first to file", in practice, the existence of famous brands can change the results of the decision. In this case, legal protection can be preventive or repressive for registered brand owners.

The Importance of Well-Known Brands

The existence of well-known brands can have a significant impact on the decision-making process. In this case, the judge's decision to provide legal protection to the "Bensu Logo" brand based on its well-known status highlights the importance of considering the reputation and recognition of a brand in the decision-making process.

Analysis of the Judge's Decision

Analysis of the judge's decision in this case shows a tendency to ignore the principle of "first to file" which should be the basis in brand ownership. The judge refers to several relevant jurisprudence to make decisions, but this can lead to controversy regarding the consistency of the application of law. Each case has its own background and problems that should be a consideration in decision making.

The Need for Consistency in Law Application

The inconsistency in the application of law can lead to controversy and confusion among brand owners. It is essential to ensure that the law is applied consistently and fairly to all parties involved. This can be achieved by establishing clear guidelines and criteria for brand registration and decision-making.

Conclusion

In conclusion, the study of decision number 57/Pdt.Sus-Merek/2019/PN.NIAGA JKT Central shows the importance of adequate legal protection for brand owners. Although the brand registration system focuses on who registered first, the existence of a well-known brand provides a new dimension in brand problems. This indicates that brand legal protection in Indonesia still needs adjustments in order to provide justice for all parties involved.

Recommendations for Future Research

Future research should focus on the following areas:

The development of a more consistent and fair brand registration system
The establishment of clear guidelines and criteria for brand registration and decision-making
The impact of well-known brands on the decision-making process
The need for adjustments in brand legal protection in Indonesia to provide justice for all parties involved

Q: What is the "I Am Geprek Bensu" brand equation?

A: The "I Am Geprek Bensu" brand equation refers to a case where two brands, "Bensu Logo" and "Bensu Painting", have been registered, leading to complexity in terms of legal protection.

Q: What is the principle of "First to File" in brand registration?

A: The principle of "First to File" is a fundamental concept in brand registration, where the brand registration is only given to the party who first submitted an application.

Q: Why is the principle of "First to File" important in brand registration?

A: The principle of "First to File" is designed to prevent disputes over brand ownership and to ensure that the brand registration process is fair and transparent.

Q: What is the significance of well-known brands in the decision-making process?

A: The existence of well-known brands can have a significant impact on the decision-making process, as seen in the case of "Bensu Logo" where the judge provided legal protection based on its well-known status.

Q: What are the implications of ignoring the principle of "First to File" in brand registration?

A: Ignoring the principle of "First to File" can lead to controversy regarding the consistency of the application of law and can result in unfair treatment of brand owners.

Q: What are the recommendations for future research in the area of brand registration and legal protection?

A: Future research should focus on the development of a more consistent and fair brand registration system, the establishment of clear guidelines and criteria for brand registration and decision-making, the impact of well-known brands on the decision-making process, and the need for adjustments in brand legal protection in Indonesia to provide justice for all parties involved.

Q: What is the importance of adequate legal protection for brand owners?

A: Adequate legal protection for brand owners is essential to prevent disputes over brand ownership and to ensure that the brand registration process is fair and transparent.

Q: What are the potential consequences of inadequate legal protection for brand owners?

A: Inadequate legal protection for brand owners can lead to unfair treatment, disputes over brand ownership, and a lack of confidence in the brand registration process.

Q: What are the benefits of a consistent and fair brand registration system?

A: A consistent and fair brand registration system can provide a level playing field for all brand owners, prevent disputes over brand ownership, and ensure that the brand registration process is transparent and fair.

Q: What are the potential benefits of adjusting brand legal protection in Indonesia?

A: Adjusting brand legal protection in Indonesia can provide justice for all parties involved, prevent disputes over brand ownership, and ensure that the brand registration process is fair and transparent.

By addressing these FAQs, we hope to provide a better understanding of the legal study of "I AM Geprek Bensu" and its implications for brand registration and legal protection in Indonesia.