What is a design?
Industrial Design shall mean a creation on the shape, configuration, or the composition of lines or colours, or lines and colours, or the combination thereof in a three or two dimensional form which gives aesthetic impression and can be realized in a three or two dimensional pattern and used to produce a product, goods or an industrial commodity and a handy craft.
Designer(s) shall mean a person or several persons who produce an industrial design.
Industrial Design protection regulated by the Law No. 31 of 2000 concerning the Industrial Design.
Indonesia adopts the first to file principle in relation to Industrial Design protection. Therefore, the party who first files an application shall be deemed as the Right Holder unless proven otherwise.
The application of industrial design registration is to be submitted to the Design Office, Directorate General of Intellectual Property Rights, Department of Law and Human Rights Republic of Indonesia.
INTERNATIONAL CLASSIFICATION OF INDUSTRIAL DESIGN
The Indonesian Design Law adopt the International Classification on Industrial Design (same as the International Classification of Design under the Locarno Agreement).
Industrial Design applications in Indonesia can be requested for:
1. One product
According to Article 13(a) Law No. 31 Year 2000, this kind of application is filed for the whole creation applied in a product as one Industrial Design or a unity of product and components of a product that create an Industrial Design. For example, an application that is filed for a cup seeks for Industrial Design protection for every component and creation of the said cup, e.g. the ornaments, the handle, shape of the cup, etc.
2. Partial Design
Based on Article 13(a) Law No. 13 Year 2000 in conjunction with Article 6(1)(g) Government Regulation on the Implementation of Law No. 31 Year 2000, this kind of application is filed to seek protection only for some parts of the creation applied in a product as one Industrial Design. For example, an application that is filed to seek protection only for certain parts of a cup, namely: design of the ornaments or the handle, etc.
3. Set of products
Based on Article 13(b) Law No. 13 Year 2000, an Industrial Design application can also be filed for several products/Industrial Designs that constitute a unity of an Industrial Design or that have the same class. For example, an Industrial Design application can be filed for a set of cup, saucer, and pitcher; or for pen and its cap, etc.
PROCEDURE OF REGISTRATION
Applications should be filed in writing to the Directorate General of Intellectual Property Rights in the Republic of Indonesia. Applications filed by foreign applicants should be filed through an appointed Consultant of Intellectual Property Rights as their proxy (Article 14 paragraph (1) in conjunction with Article 1 paragraph (8) and (10) Law No. 31 Year 2000).
After submission of the application, it is subject to an administrative examination. Upon completion of such examination, the Directorate General shall subsequently publish the application for the period of 3 months. At the time of the filing, the applicant can simultaneously submit their request in writing to defer the publication. Such deference shall not exceed 12 months commencing from the filing date or the Priority Date (Article 25 paragraph (4) in conjunction with paragraph (5) Law No. 31 Year 2000).
Previously, upon expiry of the publication period and in the absence of opposition/objection by a third party, the application was automatically registered and the Directorate General subsequently issued a Certificate of Industrial Design for the relevant application (Article 29 Law No. 31 Year 2000). Only in the event that there was an objection filed against the published application within the publication period, would the Directorate General conduct a substantive examination upon the relevant application. The Directorate General would notify the applicant on the said objection and the application had the right to submit their counter against the objection.
Both objection and counter objection were used by the Industrial Design Examiner as material for consideration in examining the application. The decision of such examination was issued within 6 months commencing from the expiry of the publication period (Article 26 Law No. 31 Year 2000 concerning Industrial Design).
However, considering the significant increase in the number of Industrial Design Applications filed with the Directorate of Industrial Design, Copyrights and Trade Secrets, after the promulgation of the Government Regulation No. 1 Year 2005 concerning the Implementation of Law No.31 year 2000, every Industrial Design application that has passed its publication period shall subsequently be processed in the substantive examination. The Examination is conducted thoroughly based on the following criteria:
- a) whether the industrial design is novel having no prior disclosures worldwide, and
- b) not contrary to prevailing regulations, public order, religion or morality.
The protection of the Right to Industrial Design shall be granted for 10 (ten) years commencing from the Filing Date. The date of commencement of the protection period shall be recorded in the General Register of Industrial Designs and announced in the Official Gazette of Industrial Designs
WITHDRAWAL OR CANCELLATION
Withdrawal of an Industrial Design Application can be requested in writing by the applicant to the Directorate General of Intellectual Property Rights. The said request must be filed before the Directorate General makes any decision upon the relevant Industrial Design Application (Article 21 Law No. 31 Year 2000).
The provision for the Cancellation of a Registered Industrial Design is provided under Chapter VI Law No. 31 Year 2000. The proprietor of an Industrial Design Registration can voluntarily request for a cancellation of its Industrial Design by submitting a written request to the Directorate General of Intellectual Property Rights.
Meanwhile any other interested third parties can file cancellation action to the Commercial Court (Article 38 cq Article 2 and Article 4 Law No. 31 Year 2000). The cancellation action must be filed with the Head of the Commercial Court in the jurisdiction of the defendant’s domicile or with the Head of Commercial Court of Central Jakarta in the case where the defendant domiciles outside the territory of Indonesia.
REQUIREMENTS FOR FILING THE DESIGN APPLICATION
- Power of Attorney. No legalization is necessary
- Statement on Ownership of the Design. No legalization is necessary;
- Assignment duly signed by the designer and the applicant which has been legalized by the Notary Public;
- Name, nationality and full address of the applicant (post office box address not acceptable), in the case of a legal entity, the state or country in which it is incorporated and in the case of a partnership, full names of all partners are required;
- Physical sample or drawings or photographs and description of the industrial design being applied for registration in 4 (four) sets. Sample of Drawing or photographs may be send to us in the form of JPG format.
- Class of International Classification to be covered by the application (if known);
- The name of the state and the date of the first application for registration of the industrial design, where the application for registration is submitted under the priority right.
- An application for the industrial design registration under a priority right must completed the priority document, which must be submitted at the latest within 3 (three) months after expiry date of the priority right; In case the priority convention document is prepared in another language except English, you shall also send us the English translation (informal translation is also available) thereof.