Protection of a well-known mark: justice for who?

This study aims to analyze how well-known marks are protected internationally and to elaborate on whom is justice addressed when it comes to regulating a well-known mark. This research uses normative research with statutory, case, analytical, and conceptual approaches. It employs primary legal materials in the form of laws and regulations, and secondary legal materials related to similar literature or readings derived from other scientific writings. The results show that the protection of internationally well-known marks has been regulated, particularly under Article 16(2) of the TRIPs Agreement that complies with the Paris Convention. To become a well-known mark, several categories must be fulfilled, namely: a mark must already be registered in various member countries, continuous promotions need to be carried out, and by determining the knowledge of the trademark in the relevant sector of the public. After fulfilling all categories and becoming well-known marks, it can be protected in entire member countries without the need registration process. Well-known mark protection provides justice not only for well-known mark owners but particularly relevant consumers as it offers a sense of security and comfort upon such reputation attached to the said well-known mark. Further, the emerging well-known marks from other countries such as Indonesia will get the same equal treatment with reciprocity principles. In addition, the existence of well-known marks protection also will increase and open job opportunities in the countries where well-known marks are spread out to be marketed.