Legal Review Of Legal Protection Disharmony Between Copyright And Trademark Rights Over The Same Object Study Of Decision Number 40/Pdt.Sus Copyright/2024/Pn.Niaga.Jkt.Pst.

Abstract

Intellectual Property Rights (IPR) protection in Indonesia, as regulated in Law No. 28 of 2014 concerning Copyright and Law No. 20 of 2016 concerning Trademarks and Geographical Indications, is a fundamental basis in ensuring legal certainty for creators and business actors. However, in reality, legal disharmony often occurs when an object has a dual function as both a work of art and a commercial distinguishing mark (trademark). This normative conflict is triggered by a conflict of registration principles, namely the declarative principle of copyright versus the constitutive principle (first-to-file) of trademark rights, which often leads to overlapping protection claims. This study aims to analyze the resolution of legal disharmony between copyright and trademark rights over the same object by referring to Decision Number 40/Pdt.Sus-Hak Cipta/2024/PN.Niaga.Jkt.Pst. The research method used is normative juridical with a statute approach and a case approach. The results of the analysis show that the Panel of Judges resolved the disharmony by applying the originality test as a benchmark. The findings of the study confirm that when an object has been registered and used as a trademark first, the subsequent registration of that object as copyright is considered to not meet the criteria of originality. Harmonization of protection can be achieved through the synchronization of originality testing.