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VOL. 11, ISSUE 4 (2025)
Analysis of the judge's ratio decidendi in interpreting the principle of 'good faith' in trademark registration cases from the perspective of legal certainty in decision number 48/PDT.SUS Trademark/2023/PN.NIAGA.JKT.PST
Authors
Herman Bastiaji Prayitno, Regina Valencia
Abstract
The principle of Good Faith in trademark
registration plays a pivotal role in ensuring that the exclusive rights granted
are not exploited in ways that could harm other parties. This study seeks to
analyse the application of the Good Faith principle in trademark registration
in Indonesia and to understand the considerations (Ratio Decidendi) made by the
judge in Decision No. 48/Pdt.SUS Trademark/2023/PN.Niaga.Jkt. Pst. The issues
addressed in this research include how the Good Faith principle is applied in trademark
registration in Indonesia and how the judge assesses Good Faith in Decision No.
48/Pdt.SUS-Merek/2023/PN.Niaga.Jkt. Pst. This study adopts a normative
juridical approach, using legal, conceptual, and comparative methods. Data were
gathered through literature review and analysed qualitatively. The findings
reveal that in this case, the judge’s considerations focused primarily on the
trademark registration procedure, without fully examining the registrant’s
intent or the potential impact on the legitimate trademark owner. This approach
could lead to legal uncertainty and cause harm to the rightful trademark
holder. The application of the Good Faith principle in Indonesia still faces
several challenges, including varying interpretations among judges and limited
evidence regarding the registrant’s intentions. The implications of this study
highlight the need for consistent application of the Good Faith principle in
trademark registration to uphold fairness and prevent unfair competition. This
research aims to contribute to the advancement of legal theory and the practice
of legal protection for trademark registration in Indonesia.
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Pages:49-55
How to cite this article:
Herman Bastiaji Prayitno, Regina Valencia "Analysis of the judge's ratio decidendi in interpreting the principle of 'good faith' in trademark registration cases from the perspective of legal certainty in decision number 48/PDT.SUS Trademark/2023/PN.NIAGA.JKT.PST". International Journal of Law, Vol 11, Issue 4, 2025, Pages 49-55
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