Legal Analysis of Dispute Resolution Regarding Copyright Registration of Paintings That Have Similarities with Registered Trademarks (Case Study of Decision Number 40/Pdt.Sus-Hak Cipta/2024/PN.Niaga.Jkt.Pst)

Abstract

Copyright and trademarks can intersect in a single court case in business practice, particularly when a trademark in the form of a painting registered by one party is subsequently registered as copyright by another. This is reflected in the copyright dispute in Decision Number 40/Pdt.Sus- HakCipta/2024/PN.Niaga.Jkt.Pst. This normative juridical research with descriptive-analytical characteristics uses secondary data obtained through library and document studies. The results show that the Copyright Law and Trademark Law provide different forms of protection according to their respective regimes. Article 65 of the Copyright Law reflects legal certainty by providing firm limitations. The judge's legal considerations in the decision were appropriate, providing justice and legal certainty.