Legality : Jurnal Ilmiah Hukum

Legal Certainty Based Protection of Well-Known Marks: Lessons from India

Fri, 05 Jun 2026 00:00:00 +0700

This study identifies issues in the protection of 'well-known marks' in Indonesia and proposes remedies for their preservation through amendments to Indonesia's trademark legislation, with a focus on legal certainty. This study employs a normative legal analysis utilising a technique based on court decisions, statutes, concepts, and comparisons, with India serving as the reference point. This study concludes that, from a philosophical standpoint, legal protection for 'well-known marks' protects both the economic rights of legitimate trademark holders and consumers from misguided product choices due to the exploitation of 'well-known marks' by unscrupulous entities seeking to profit from the brand's reputation. The difficulty of protecting prominent trademarks in Indonesia stems from ambiguous and perhaps illogical legislation. The absence of a definition and standards for 'well-known marks' in the 2016 Trademarks Act, along with provisions on trademark infringement that solely protect registered trademarks. Conversely, India has clearly defined 'well-known marks' in the 1999 Trademarks Act. Indian trademark law protects 'well-known marks' via a mechanism wherein the judiciary or the trademark registration authority acknowledges certain marks. It also outlines trademark infringement related to both registered and unregistered trademarks, including 'famous trademarks'. Therefore, amending Indonesia's trademark legislation to protect 'well-known marks' is crucial for ensuring legal clarity by: first, defining 'well-known marks' and their criteria under the 2016 Trademark Law; second, providing administrative protections for 'well-known trademarks' through recognition by the Directorate General of Intellectual Property; third, broadening the meaning of trademark infringement to include not only registered trademarks but also all trademarks, including 'well-known marks.'

Traditional Medicine Innovation Policy: Between the Protection of Traditional Knowledge, Genetic Resources, and Intellectual Property

Kholis Roisah, Moh. Asadullah Hasan Al Asy'arie, Rahayu Rahayu, Shofiy Zulfah — Mon, 08 Jun 2026 00:00:00 +0700

This study analyses how innovation in traditional medicine can be strengthened through the convergence of policies on traditional knowledge protection, genetic resources governance, and intellectual property rights to support national independence in drug availability. Using a qualitative normative design, this research examines statutory regulations, international instruments, and institutional practices relevant to traditional medicine, biogenetic conservation, and intellectual property management. The methodological approach includes doctrinal legal analysis, conceptual analysis, and policy evaluation to map regulatory overlaps, gaps, and strategic opportunities for integration. The study finds that Indonesia possesses vast biodiversity and rich traditional medicinal knowledge that remain underutilised in pharmaceutical innovation. Regulatory frameworks governing traditional knowledge, genetic resource access, and intellectual property work in parallel but lack harmony, resulting in problems related to standardisation, benefit-sharing, research authorisation, and commercialisation. Findings also indicate that strengthening scientific validation, through standardised extraction, preclinical and clinical testing, and quality assurance, significantly increases the potential of traditional medicines to advance into standardised herbal medicines and phytopharmaceuticals. The study concludes that policy convergence is essential to ensure equitable protection of traditional knowledge, sustainable use of genetic resources, and effective commercialisation of research outputs. An integrated framework is required to support national drug independence, enhance bioeconomic value creation, and promote fair benefit distribution for indigenous and local communities.