WEAKNESSES OF THE TERRITORIAL PRINCIPLE IN TRADEMARK PROTECTION (Case Study of The Trademark ARM ARUMI Moto Parts Owned by PT Dtech Inovasi Indonesia)

Intellectual Property is intangible wealth. Intellectual property is an important aspect for the industry to monopolize the inventions that have been discovered. There are issues in the trademark protection system, namely the territorial principle. The territorial principle is a principle that emphasizes that the protection of intellectual property is only granted within the territory of the relevant country and does not cover global protection. This writing uses a normative legal writing method, with an approach through legislation and case studies. Data is collected from literature studies. The territorial principle has weaknesses because the inventor only receives protection in the country where they register. This opens up opportunities for the inventions that have been discovered to be owned by others outside the territory of the application registered by the inventor. The case of ARM ARUMI Moto Parts owned by PT Dtech Inovasi Indonesia serves as evidence of the weakness of trademark protection based on the territorial principle. The trademark ARM ARUMI Moto Parts, which has been registered in Indonesia, can still be registered in Malaysia and the Philippines with similar brand labels, phonetics, classes, and goods by parties other than PT Dtech Inovasi Indonesia.