TINJAUAN YURIDIS TERHADAP PEMBATALAN MEREK TERDAFTAR DALAM KASUS MEREK AYAM GEPREK BENSU PASCA PUTUSAN MA NOMOR 575 K/PDT.SUS-HKI/2020

Abstract

Intellectual Property Rights have a fairly broad scope, including brands. Brands have an
important role in identifying the goods or services of a particular seller or group of sellers and
distinguishing them from the goods or services produced. Thus, it is very important to register
the trademark of the Ministry of Law and Human Rights Cq. Directorate General of
Intellectual Property in order to obtain legal protection. Mark provisions are regulated in the
Law of the Republic of Indonesia Number 20 of 2016 concerning Marks and Geographical
Indications. Article 72 to Article 79 regulates the abolition and cancellation of registered
marks on the initiative of the minister. However, if this action is not carried out based on the
applicable laws and regulations, it can lead to unlawful acts.
This research is a normative legal research with a normative juridical approach by
critically analyzing the cancellation and abolition of the I AM GEPREK BENSU SEDEP
BENER brand by the Ministry of Law and Human Rights Cq. Jakarta Directorate General of

Intellectual Property which does not implement decision Number 56/Pdt.Sus-
HKI/Merek/2019/PN Niaga Jkt.Pst Central Jakarta Commercial Court which has permanent

power (incraht).
The results of this study show the first: the act of canceling and deleting the I AM
GEPREK BENSU SEDEP BENER brand belonging to Yangchent from the general list of
brands by the Ministry of Law and Human Rights Cq. Jakarta's Directorate General of
Intellectual Property has administrative defects and has resulted in unlawful acts. In Decision
Number 56/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt.Pst the Central Jakarta Commercial Court
has decided that Yangchent is proven to be the first owner of the I AM GEPREK BENSU
SEDEP BENER brand which is officially registered in the general register of marks and
ordered to carry out cancellation and deletion of the GEPREK BENSU mark, the owner of
Ruben, from the general register of marks. In principle, the court's decision is a reflection of
the values of justice and the essential truth with sufficient evidence and facts. Second: the act of
deleting and canceling the I AM GEPREK BENSU SEDEP BENER brand by the Ministry of
Law and Human Rights Cq. The Directorate General of Intellectual Property of Jakarta
resulted in the mark being removed from the general register of trademarks, the end of legal
protection for the mark, the end of cooperation with the licensee of the mark, the occurrence of
material and immaterial losses of the brand holder. Thus the business development of PT. I AM
GEPREK BENNY SUJONO no longer has legal protection, especially in the culinary business
of I AM GEPREK BENSU SEDEP BENER.
Keywords : Brand – Deletion – Cancellation