Supreme Court Rejects BYD's Cassation in Denza Trademark Dispute
JAKARTA, KOMPAS.com - The Supreme Court of the Republic of Indonesia (MA) has issued a legally binding decision regarding the ‘Denza’ trademark dispute between Worcas Group and the Chinese electric vehicle manufacturer, BYD.
In cassation decision Number 1338 K/Pdt.Sus-HKI/2025, the MA rejected BYD’s cassation petition and granted the petition from PT Worcas Nusantara Abadi.
The decision simultaneously resolves the trademark dispute and requires BYD to pay the cassation-level court costs amounting to Rp 1,070,000.
In its lawsuit, BYD sought recognition as the legitimate global owner of the Denza trademark, while designating Denza as a well-known mark.
The company also argued that there was substantial similarity with the registered trademark owned by PT Worcas Nusantara Abadi, and accused the defendant of bad faith in the trademark registration process.
However, the Supreme Court rejected all of BYD’s claims and reaffirmed that the first-to-file principle remains the primary foundation in Indonesian intellectual property law.
This principle means that rights to a trademark are granted to the party that first registers and lawfully uses it.
In its considerations, the MA stated that ownership of the Denza trademark had been transferred to PT Raden Reza Adi.
This situation rendered BYD’s lawsuit erroneous in persona, as the sued party was no longer the legitimate owner of the trademark at the time the lawsuit was filed.
“Based on the above considerations that grant the cassation petition from Cassation Petitioner I by declaring the Plaintiff’s lawsuit unacceptable, the cassation petition from Cassation Petitioner II, BYD COMPANY LIMITED, must be rejected,” the decision stated.
Previously, BYD claimed Denza as a global trademark registered in various countries and applied for in more than 100 jurisdictions.
When contacted by Kompas.com, BYD Indonesia has not provided any statement or details on further steps to be taken following the aforementioned decision.