Merancang Konsep Standar Pemeriksaan Substantif Merek: Belajar dari Kasus Merek M&G

Abstract

Law number 20 of 2016 on Trademark and Geographical Indication provided for trademark examination, but in the M&G case, a difference in trademark examination resulted in the development of two identical trademarks. The study's questions are, firstly, how did the Directorate General of Intellectual Property (DGIP) conduct trademark examination in the case of M&G for the protection of trademark law, and secondly, how does the standard concept of trademark examination lead to the renewal of trademark law in Indonesia. The research is normative-juridical, with a case study approach, a statutory approach, and a conceptual approach. Techniques for collecting data for a document study and qualitative descriptive analysis. The results show that the Directorate General of Intellectual Property (DGIP) implemented trademark examination in accordance with Law number 20 of 2016 on Trademark and Geographical Indication, namely normatively through the stages of administrative/ formality checks and substantive examinations. In the case of M&G, two common trademarks have been granted, as a result of a substantiating standard examination in Indonesia. The standard approach to trademark examination considered the legal, sociological, and philosophical aspects. The existence of this standard may be used to force the renewal of law number 20 of 2016 on trademarks and geographical indications.