Consideration of the Judge's Decision Regarding the Principle of Ungood Faith in the Brand Registration Dispute Case Study Between Rso vs PT. AGBS

Abstract

The purpose of this study is to examine the judge's decision which overrides the first to file principle in trademark disputes. The number of piracy of these well-known brands certainly causes a loss that is not only experienced by the brand owners themselves, it is necessary to have a control mechanism in the form of methods or dispute resolution mechanisms. In deciding this case between RSO and PT. AGBS, the Judge ruled by setting aside a strong principle in Mark Registration, namely the first to file principle by prioritizing the principle of bad faith. The results of the study found that judges saw all aspects and problems of the case from the beginning, not only seeing from one point of view, but also using a theoretical approach in making decisions in order to achieve justice for the parties involved. The research was carried out in a normative juridical manner by reviewing data on court decisions, laws and regulations and related literature. The conclusion of the study is that the Judge in deciding this case by canceling the Mark on behalf of RSO is to override the First to File principle because there is a Bad Faith principle carried out by RSO to control and or confiscate the trademark from PT. AGBS. This was obtained because from the results of the Brand Ambassador agreement that bad faith began to occur by the RSO Party