Peran Direktorat Jenderal Kekayaan Intelektual dalam Perlindungan Merek Open Mic Indonesia dari Unsur Generik

Abstract

This research examines the role of the Directorate General of Intellectual Property (DGIP) in protecting the trademark "Open Mic Indonesia" from generic terms elements and analyzes the legal decision on trademark cancellation based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The registration of "Open Mic Indonesia" trademark by Ramon Pratama in 2015 sparked controversy as the term "open mic" is widely recognized as a generic term in the entertainment industry. This research employs normative juridical methods by analyzing laws, court decisions, and relevant literature. The study reveals that DGIP plays a crucial role in conducting substantive examination to ensure registered trademarks meet the distinctiveness requirements and do not contain generic terms as stipulated in Article 20 letters e and f of the Trademark Law. The analysis of Decision Number 85/Pdt.Sus-HKI/Merek/2022/PN.Niaga.Jkt.Pst confirms that "open mic" is a common term belonging to the public domain since the 1930s, and the addition of "Indonesia" does not provide sufficient distinctiveness. This decision emphasizes that the first-to-file system cannot legitimize monopoly over generic terms. The research recommends that DGIP enhance its verification mechanisms through comprehensive examination including international dictionary searches, term usage databases, and expert consultations to prevent future registration of generic terms and maintain balance between exclusive trademark rights and public interest in using common terms.