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.