ANALISIS YURIDIS PENCATATAN KARYA SENI SEBAGAI MEREK TERHADAP PENERAPAN PRINSIP DEKLARATIF DALAM PENDAFTARAN HAK CIPTA

Abstract

The development of using artworks as commercial identities, particularly logos as trademarks, raises issues regarding the boundaries of protection between Copyright and Trademark Law. Indonesia’s Copyright Law No. 28 of 2014 affirms that logos are protected works and automatically obtain protection under the declarative principle. However, conflicts arise when artworks protected by copyright are registered as trademarks by other parties without the creator’s consent. This situation creates legal uncertainty and requires clearer juridical interpretation, as reflected in Decision No. 40/Pdt.Sus-Hak Cipta/2024/PN.Niaga.Jkt.Pst concerning unilateral claims over commercially used artworks. This research employs a normative juridical method with a descriptive analytical approach through library research on relevant legislation, legal doctrines, and court decisions. A qualitative analysis is used to examine the relationship between the declarative principle in the Copyright Law, trademark registration, and legal protection guaranteed to creators of artistic works. The study finds that original artworks automatically receive protection under the declarative principle as stipulated in Article 1 point 1 and Article 65 of the Copyright Law, and therefore cannot be registered as trademarks by parties other than the creator. In Decision No. 40/Pdt.Sus HakCipta/2024/PN.Niaga.Jkt.Pst, the judges concluded that the defendant had no legal basis to register the artwork as a trademark because they were not the creator and had obtained no consent from the plaintiff. Consequently, the defendant’s trademark registration was deemed legally defective. The cancellation of the trademark certificate and the restoration of rights to the plaintiff affirm the supremacy of copyright protection over artworks and highlight the importance of legal certainty in preventing misuse of trademark registration. This research concludes that protection of artworks as copyright objects applies automatically and must be respected in all trademark registration processes. The Directorate General of Intellectual Property should enhance its scrutiny when examining trademark applications to prevent unilateral claims detrimental to creators. The public is also encouraged to respect the works of others and refrain from appropriating them for commercial gain. Keywords: Judicial Analysis, Artwork, Copyrigh