Legal threats against the existence of famous brands a study on the dispute of the brand Pierre Cardin in Indonesia

Abstract

Purpose The purpose of this paper is to analyze how Indonesian laws regulate the existence of famous brand. In case of brand Pierre Cardin, which had the elements of a famous brand including brand reputation obtained because of the public’s general knowledge, intensive and massive promotion, investment made by the owner in several countries, including Indonesia. Design/methodology/approach This study is a normative legal research conducted statutory approach reviews through court decisions in Indonesia which related to famous brands such as Pierre Cardin. The analytical method analyzes the law, the legal rulings and the famous brand case of Pierre Cardin, which became one of the sources of Law of Marks in Indonesia. The next method is a description that compares the famous brands such as Pierre Cardin in Indonesia and France. Findings The research of this paper shows that brand Pierre Cardin is one of the world’s leading brands and has registered its brands in several countries in the world. The threat to well-known brands in Indonesia is the regulation of which Indonesia has weaknesses. In Indonesia, the Law of Marks enables the state to receive registrations of similar brands, and when a dispute occurs, it allows the judge to make a decision threatening the existence of goodwill. Research limitations/implications This research discusses the legal aspects of famous brands in Indonesia that hold the constitutive system and particularly the legal threat against a famous brand in Indonesia, Pierre Cardin. Practical implications This paper discusses the threats that will occur in famous brands that registered in many countries, such as Indonesia. This became a reference for the famous brand company to be able to adjust the law in Indonesia. Social implications This paper informs the legal threats can be a weakness of law in Indonesia; therefore, the governance should revise the regulation about marks to accommodate the existence of famous brands company in Indonesia. This paper gives recommendations for government to be more flexible to regulate the registration for the famous brand and tighten regulation of brand rights for local brands to avoid infringement in Indonesia. The protection of brand rights for a famous brand company in Indonesia can be realized and will be possible. Originality/value This paper is original and must-read. This research can be a reference for famous brand companies that will register brand rights in Indonesia because it discusses about the case between Pierre Cardin brand in Indonesia and French. This paper gives perspectives based on the Law of Marks in Indonesia. Furthermore, this paper also discusses some Law of Marks in Indonesia that should be strengthened.