FAQ

Frequently Asked Questions

about INDUSTRIAL DESIGN

Understanding Industrial Design Registration in Indonesia

1.Indonesia’s industrial design registration process is governed by Law No. 31 of 2000 on Industrial Design.The law provides a framework for the protection of original designs with an industrial application, ensuring that creators retain exclusive rights over their designs. This article will guide you through the key aspects of industrial design registration under Indonesian law.

What is an Industrial Design?

Under the law, an industrial design is defined as:

“A creation concerning the shape, configuration, or composition of lines or colors, or a combination thereof in a three-dimensional or two-dimensional form which gives an aesthetic impression and can be realized in a three-dimensional or two-dimensional pattern and can be used to produce a product, goods, industrial commodity, or handicraft.”

This definition emphasizes both aesthetic appeal and Industrial applicability,distinguishing industrial designs from patents and trademarks.

Eligibility for Registration

For an industrial design to qualify for protection, it must meet the following criteria:

1. Originality: The design must be new and not identical or substantially similar to designs previously disclosed.
2. Novelty: The design should not have been made public, domestically or internationally, before the filing date or priority date.

The Registration Process

The process involves several steps:
1.Filing the Application

Applications are submitted to the Directorate General of Intellectual Property (DGIP). The application must include:

– A completed application form.
– A description of the industrial design.
– Clear and detailed drawings or photographs.
– A power of attorney.

2.Formality Examination

The DGIP conducts a formality examination to ensure the application complies with administrative requirements.

3.Publication

Once the application passes the formality examination, it is published in the official gazette for 3 months. During this period, third parties can submit objections if they believe the design lacks novelty or originality.

4.Substantive Examination (if applicable)

While the law does not mandate a substantive ex amination, objections during the publication phase may trigger further review to verify the design’s novelty.

5.Issuance of Certificate

If no objections are raised, or after any objections are resolved, the DGIP will issue a Certificate of Industrial Design. The design is then officially protected.

Scope and Duration of Protection

The registered industrial design is granted protection for 10 years from the filing date. During this period, the owner has exclusive rights to:

– Use the design in commerce.
– License or assign the design to others.
– Take legal action against unauthorized use.

Infringement and Legal Remedies

Industrial design infringement occurs when someone uses, produces, or distributes a registered design without permission. Legal remedies include:

1. Civil Actions: Seeking compensation for damages.
2. Criminal Actions: Violators can face fines and imprisonment under the law.

Registering an industrial design in Indonesia provides creators with valuable protection and exclusive rights. To ensure a smooth process,applicants must comply with the legal requirements and actively monitor their design’s use in the market. Given the technical and legal complexities, consulting with an intellectual property consultant or specialist can be beneficial.

For further guidance or to begin the registration process, you can contact us at khudewi@rhp.co.id

This article is tailored to provide a comprehensive understanding of industrial design registration under Indonesian law. If you need further clarification or legal assistance, feel free to reach out.

 By: Khurnia Hudewi

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