THE IMPROVEMENT OF NON-USE TRADEMARK REGULATIONS AS A LEGAL PROTECTION MEASURE FOR GOOD-FAITH TRADEMARK HOLDERS (A STUDY OF THE CONSTITUTIONAL COURT DECISION NUMBER 144/PUU-XXI/2023)

Abstract

The regulation of non-use trademarks still has vagueness of norms that cause legal uncertainty so that MSME entrepreneurs, Ricky Thio filed a material test application to the Constitutional Court. Then the Constitutional Court Decision Number 144/PUU-XXI/2023 was born which provides significant changes to the regulation of the elimination of non-use trademarks in Indonesia, by extending the non-use time limit from three to five years and adding force majeure conditions as an exception. The purpose of this study is to determine the consideration of the Constitutional Court judges in Decision 144/PUU-XXI/2023 as well as the refinement of the regulation of non-use marks. This research is a normative juridical research with a literature study and uses case and statutory approaches. The results show that there are several things that become the consideration of judges in the decision, such as the function of the brand, economic conditions, and international principles and there is still no definition related to the elements of Article 74 paragraph (1) of the MIG Law so as to cause differences in interpretation between the parties, such as judges, DJKI, and the public. Improvement of the elements of the article can be done by providing an element-by- element explanation of the article.