ANALISIS PRINSIP FIRST TO FILE DALAM PERKARA DESAIN INDUSTRI (STUDI KASUS: PUTUSAN PENGADILAN NIAGA JAKARTA PUSAT NOMOR 16/PDT.SUS.DESAININDUTRI/2020/PN.NIAGA.JKT.PST)

Industrial design rights disputes occur in Indonesia, one of which is the case I AM GEPREK BENSU which has been decided through the Central Jakarta Commercial Court No. 16/Pdt.Sus.DesainIndustri/2020/PN.Niaga.Jkt.Pst. The decision becomes fascinating because the decision of the Panel of Judges, when reviewed normatively from Law No. 31 of 2000 or in theory, is discrepancies related to applying the first to file principle. This writing is essential because it reviews the first to file principles in terms of theories, norms, and practices that have never been discussed before. The research method used is juridical-normative with the conceptual and statutory approach. Amar, the decision of the Central Jakarta Commercial Court has been following the provisions of Law No. 31 of 2000. Nevertheless, that becomes incompatible with the first to file principle is Article 2 paragraph (3) point c Law No. 31 of 2000, which is the basis of consideration in the judge's decision. That provision states that one form of previous disclosure to determine the novelty of an industrial design is the announcement and use of industrial design both in Indonesia and outside Indonesia.