Main Article Content
Abstract
The diversity of the development of ideas, then someone needs to register the results of his ideas both in the form of creation and innovation. Trademark registration must be done to differentiate similar products, because they have economic value or benefits for human life. For example as happened with the Lois trademarks from Spain and Newlois from Indonesia, wherever Lois as a well-known trademark should have had trademark rights in Indonesia, but the fact is that a local Indonesian trademark with the name Newlois with the same product is widely sold in the market because the trademark is registered first. This happened because the Directorate General of Intellectual Property was negligent in registering the Lois trademark. This research brings forward the following problems: What are the similarities and differences in the legal protection of well-known trademarks between Indonesia and Spain; What are the factors contributing to the differences in the protection of well-known trademarks in Indonesia and Spain. This study uses a normative legal research method, carried out by examining literature or secondary data relating to the legal protection of well-known trademarks between Indonesia and Spain as the basic material, and then to find out the comparison between Indonesian National Law and Spanish National Law on Trademarks. The results of the discussion from the research there are some similarities between Indonesian National Law on Trademarks and Spanish National Law on Trademarks, such as regulations regarding the meaning of a trademark, first to file, and compensation in civil lawsuits. Besides, there are also differences, including the regulation regarding Geographical Indications and the application of criminal law in trademark disputes. Politics of law, legal system, and legal culture are factors that caused the distinction between Indonesian and Spain legal protection.