Indonesia’s Industrial Design Law is evolving!
The Indonesian Industrial Design Bill currently under discussion includes provisions for the dual protection system and is expected to be finalized by the end of 2024. This bill aims to modernize the country’s approach to industrial design protection, aligning it with international standards and offering tailored protection periods for short-cycle and long-cycle designs. The draft proposes the new protection framework, expanded definitions of novelty, and enforcement mechanisms.
The dual protection framework in Indonesia’s upcoming intellectual property (IP) law update is designed to provide tailored protection for different types of industrial designs, recognizing that some products have shorter market cycles while others have longer lifespans.
1. Short-cycle designs, such as textiles, fashion items, or products with rapidly changing trends, will benefit from three years of protection from the date of first publication. These designs do not require a substantive examination, making the registration process faster and more accessible for creators of products with shorter market lifetimes.
2. Long-cycle designs, like furniture or technological products, will undergo a substantive examination before being granted protection. Once approved, they will receive five years of protection, with the option to renew the protection two more times for an additional five years each, resulting in a total of 15 years of protection.
This new system aims to provide flexibility and cost-effectiveness for designers based on their product type. It also makes the process more efficient for fast-moving industries while ensuring comprehensive protection for those with longer-term needs.
This approach aligns with international practices and is expected to encourage more innovation and creativity across Indonesia’s diverse sectors.
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[RHP/ KHudewi]
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