URGENSI PENGATURAN PRINSIP IKTIKAD TIDAK BAIK DALAM PENDAFTARAN DAN PEMBATALAN PENCATATAN HAK CIPTA DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA (PERKARA NOMOR: 49/PDT.SUS-HKI/HAK CIPTA/2020/PN NIAGA.JKT.PST)

Abstract

The enactment of Law Number 28 of 2014 concerning Copyright determines that logos as an object of intellectual property cannot be registered as copyrighted works, thus logos can only be registered as Trademarks. PT. Lifere Agro Kapuas as the owner and registered Trademark holder filed a lawsuit against Dhanu Wijaya for registering his Trademark as a Copyrighted Work. PT. Lifere Agro Kapuas requested cancellation of the registration of Dhanu Wijaya's Copyrighted Work on the basis of bad faith. Bad faith itself has not been explicitly regulated in the Copyright Law. This research aims to legally analyze the bad faith in Case Number: 49/Pdt.Sus-HKI/Hak Copyright/2020/PN Niaga.Jkt.Pst. The focus of the research is the cancellation of copyright registrations on the basis of bad faith based on the Copyright Law. The research uses a normative juridical method which will explore legal norms contained in literature and regulations related to the legal problem. A qualitative approach will be used to explore and explain the data collected during the research process. Based on the research results, the bad faith indicated in Dhanu Wijaya's actions can be used as a legal consideration by the Panel of Judges to annul and cross out and/or remove his Creation Registration Letter from the General Register of Creations by the Directorate General of Intellectual Property. The results of this research provide a view of the urgency of regulating bad faith and its limitations explicitly in the Copyright Law.

Keywords: Bad Faith, Overlapping Logos, Copyrights, Trademarks.