Definition
An industrial design is the decorative, ornamental or aesthetic aspect of a useful article. According to our Industrial Design Law, it is “a creation on the shape, configuration, or the composition of lines or colors, or lines and colors, 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.” The creation must not be solely dictated by the function for which the useful article is intended.
A multi-design application can not be filed in Indonesia since an application can only be filed for one design or several designs that constitute a unity of an industrial design, or that have the same class.
To be eligible for protection in Indonesia, industrial designs must be registered with the Indonesian IP Office. To be registrable, industrial designs must be “new” (novel)and have no elements which contradict with the prevailing laws and regulations, morality of religion or public order. An Industrial Design shall be deemed new if on the filing date, such industrial design is not the same as any previous disclosures which have existed before the filing date or the priority date.
Unregistrable Industrial Designs
An industrial design right shall not be granted if the industrial design is contrary to the prevailing laws and regulation, public order, religion, or morality.
Scope of Right
The holder of industrial design right shall have the exclusive right to exploit his industrial design and to prohibit others who without his consent make, use, sell, import, export and/or distribute the products that have been granted the industrial design right.
Term of registration
A registered industrial design shall have legal protection for a period of 10 (ten) years from the filing date and the protection period can not be extended.
Who can register an industrial design with the IP Office?
The designer(s) or those who receive the right from the designer are entitled to apply for industrial design registration with the Indonesian Intellectual Property Office.
Who owns the industrial design rights?
Where an industrial design is created in an official relation with another party within the working environment, the party for whom the design is created shall be deemed as the right holder, unless otherwise agreed by both parties. Such condition shall also apply to any design created by other parties on the basis of an order made in an official relation.
Where an industrial design is created under a work relation or on the basis of an order, the party that has created the design shall be deemed as the designer and the right holder of design, unless otherwise agreed by both parties.
Obtaining international industrial design protection through the Hague System
Indonesia has became a party of the Hague Agreement Concerning the International Registration of Industrial Designs since 24 December 1950. Thus, the Hague System of international registrations of industrial designs is also applicable for Indonesian residents. This system is administered by the International Bureau of WIPO located in Geneva, Switzerland.
It gives the owner of an industrial design the possibility to have his design protected in several countries by simply filing one application with the International Bureau of WIPO, in one language, with one set of fees in one currency (Swiss Francs). An international registration produces the same effects in each of the designated countries as if the design had been registered there directly unless protection is refused by the competent Office of that country.
The Hague System simplifies greatly also the subsequent management of the industrial design, since it is possible to record subsequent changes or to renew the registration through a simple single procedural step with the International Bureau of WIPO.
