ANALISIS PUTUSAN MAHKAMAH AGUNG NO.162PK/PDT.SUS/2010 TENTANG SENGKETA MEREK
Abstract
The Judicial Review Verdict Number 162 PK / PDT.SUS / 2010 raises legal
uncertainty because the rules contained in the Trademark of Article 3 provide
exclusive rights to the registered trademark. But very contrary to the fact that PT.
Manggala Putra Perkasa, the brand owner of Polo Ralph Laurent is not protected by
the brand. This leads to their defeat to PT PrimaJaya Pantes Garment for the rights
of using the brand and logo. The logo images that are owned by both brands are
very similar which is, a horseman playing polo. The Supreme Court's Ruling in
Review is very much against the principles of TRIPs and the provisions of the
ratified Paris Convention in Indonesia.