Frequently Asked Questions

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 examination, 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 Khurnia Hudewi 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

2025 marks a pivotal year for industrial design protection in Indonesia, with major policy initiatives, procedural improvements, and significant legal reforms underway. Below is a concise overview of the latest developments that may impact your business and IP strategy.

2025: Year of Copyright and Industrial Design

• The Indonesian IP Office (DGIP) has officially declared 2025 as the “Year of Copyright and Industrial Design,” signaling a strong national focus on strengthening protection, raising public awareness, and improving the business environment for design-driven industries.

• The DGIP is actively promoting industrial design registration through outreach, seminars, and partnerships, aiming to boost both domestic and international confidence in Indonesia’s IP system.

Accelerated Application Processing

• Starting in 2025, the DGIP will expedite the examination process for industrial design applications, reducing the maximum processing time from approximately nine months to just six months.

• This acceleration is intended to encourage more creators to seek protection and to support the creative economy by providing faster legal certainty for design rights.

E-Filing System Enhancements

• All design drawings must now be submitted in JPG format, with only one view per page and only one figure allowed per design view (exceptions for reference and perspective views).

Proposed Legal Reforms (Draft Amendments)

The Indonesian government is finalizing comprehensive amendments to the Industrial Design Law, expected to be enacted soon. Key proposed changes include:

1. Clarified Definition:

The scope of industrial design protection will be clearly defined as the “outer appearance of a product” that gives an aesthetic impression, and can be protected in whole or in part, in two or three dimensions.

2. Protection Period:

The new system proposes a five-year protection term, renewable for up to two additional five-year periods (maximum 15 years), replacing the current single 10-year, non-renewable term.

3. Recordal System:

A new recordal system will be introduced for designs with short commercial cycles (e.g., textiles), offering three years of protection from first publication, with the option to convert to full registration within 12 months.

4. Non-Registrable Designs:

Exclusions will be clarified, including designs lacking aesthetic value, those dictated solely by technical function, folklore not further developed, and designs contrary to law, public order, or morality.

5. Appeals Commission:

A new Industrial Design Appeals Commission will allow applicants and third parties to challenge refusals or cancellations without going directly to the commercial court, streamlining dispute resolution.

Implications for Businesses and Creators

1) Faster and Clearer Protection:

The reforms and accelerated processes provide faster and more reliable protection for industrial designs, supporting innovation and market competitiveness.

2) Increased Registration Opportunities:

The recordal system and clarified definitions open new avenues for protecting a broader range of designs, including those with short market lifespans.

3) Enhanced Legal Certainty:

The new appeals mechanism and clearer exclusions reduce legal uncertainty and administrative burdens.

Action Points

a) Review your current and upcoming designs for registration opportunities under the new accelerated and clarified system.

b) Prepare to adapt to new filing formats and procedural requirements.

c) Monitor the progress of the draft law for further updates and new compliance obligations.

For further assistance or detailed guidance on these updates, please contact us directly at rhp@rho.co.id or Khudewi@rhp.co.id

[RH & PARTNERS/Khudewi]

By: Khurnia Hudewi

Certain industrial designs are explicitly excluded from protection under Indonesian law. The main criteria for unprotected industrial designs are as follows:

1. Designs Contrary to Law, Public Order, Religion, or Morality

Industrial designs that are against prevailing laws and regulations, public order, religious values, or morality are not eligible for protection.

2. Lack of Novelty or Originality

• Designs that are not new, have been previously disclosed, or are substantially similar to existing designs anywhere in the world before the filing date are not protected.
• If a design lacks originality or is identical/similar to prior designs, it will be refused registration.

3. Purely Functional Features

• Designs consisting solely of features dictated by technical or functional considerations, rather than aesthetic or ornamental aspects, are not eligible for protection.
• The law protects only the aesthetic appearance, not technical solutions or functions.

4. Misleading or Deceptive Designs

Designs that are likely to mislead or deceive the public may be refused protection.

5. Incorrect Classification

Designs filed under the wrong product class can also be refused, though this is more a procedural issue than a substantive exclusion.

6. Designs Not Visible to the Naked Eye

Designs that cannot be perceived clearly without special tools are not eligible for protection, as visibility is a requirement.

These criteria are grounded in Indonesia’s Industrial Design Law (UU No. 31 of 2000) and related regulations, ensuring that only designs meeting the required standards of novelty, aesthetics, and public acceptability are granted protection.

Should you require further information or assistance with securing your Industrial Design rights in Indonesia, please feel free to contact RH & Partners at rhp@rhp.co.id or Khudewi@rhp.co.id 

[RH & Partners/ Khudewi]

By: Khurnia Hudewi