A Juridical Analysis Of The Value Of Justice Regarding The Cancellation Of Unused Trademarks During A Force Majeure Event Case Study: Constitutional Court Decision Number 144/Puu-Xxi/2023

Abstract

This study emphasizes the importance of trademark regulations that not only ensure legal certainty but also uphold justice for Micro, Small and Medium Enterprises (MSMEs). Implementation of Article 74 of Law Number 20 of 2016 on Trademarks and Geographical Indicationsn concering the cancellation of trademarks due to non-use, particularly when such non-use results from force majeure during the Covid-19 pandemic. The study aims to analyze the principle of justice in trademark cancellation and examine the legal reasoning of the Constitutional Court in Decision Number 144/PUU-XXI/2023. This research employs a normative secondary and tertiary sources, which are analyzed descriptively through a qualitative approach. The findings indicate that current regulation on trademark cancellation has not fully provided fair legal protection for MSMEs. Although the Constitutional Court extended the period of non-use from three years to five years under force majeure circumstances, this protection remains insufficient to accommodate the challenges experienced by MSMEs affected by the Covid-19 pandemic. Therefore, a more adaptive legal policy is needed to ensure fairer trademark protection for MSMEs.