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Protecting Your Industrial Design
Filing Requirements for Overseas Applicants
Details of Applicants i.e. full name, address and nationality, or details of incorporation (be it a corporate body);
Details of Designers i.e. full name, address and nationality;
Drawings or photos in views of the top, bottom, rear, front, right, left and perspective;
Title of design;
Detailed description and claims of design;
A Declaration of Entitlement* simply signed by the applicant(s);
A simply signed Power of Attorney*;
A simply signed Assignment* from designer(s) to the applicant, if the applicant is not the designer itself;
Country, date and serial number of priority applications (if any);
Priority Document legalized by the office administering the registration of design i.e Certified copy of basic application and its English translation, if Convention Priority is claimed.
Convention Application
An application with a Priority Right shall be filed within a period of 6 (six) months at the latest from the first Filing Date in any other country that is a member of the Paris Convention or a member of the World Trade Organization.
The priority document and its translation in the Indonesian language should be furnished within three (3) months from the local filing date, failing which such an application will be treated and prosecuted as a non-convention application. Thus, please provide us with the English version of the priority document well in advance prior to the deadline.
Late filing of documents The documents of Power of Attorney, Declaration and
Assignment can be submitted to the Directorate General of Intellectual
Property Rights (the Directorate General), at the latest 3 (three)
months from the date of notice issued by the Directorate General.
Filing Requirements for Indonesian Applicants
Details of Applicants i.e. full name,address and nationality, or details of incorporation (be it a corporate body);
Details of Designers i.e. full name, address and nationality;
Drawings or photos in views of the top, bottom, rear, front, right, left and perspective;
Title of design;
Detailed description and claims of design;
A Declaration of Entitlement* simply signed by the applicants;
A simply signed Power of Attorney*;
A simply signed Assignment* from designer(s) to the applicant, if the applicant is not the designer itself;
Copy of the applicant’s ID (KTP);
Official excerpt of Deed of Establishment or its notarized copy (where the applicant is a corporate body);
Copy of the applicant’s tax registration no./NPWP (where the applicant is a corporate body);
Copy of the signatory’s ID/KTP (where the applicant is a corporate body). The signatory should be the Director in charge of the company.
Procedures
Formal Examination. The Examiners at the Directorate General shall conduct an examination on an application according to the provisions as provided for in the prevailing laws and regulation.The Right to design shall not be granted if a design is contrary to the prevailing laws and regulation, public order, religion, or morality.
The Directorate General shall notify the applicant regarding the refusal of an application or notify the assumption that the application is deemed withdrawn. The applicant or his proxy shall be given a chance to file an objection against the refusal or the assumption of withdrawal within a period of 30 (thirty) working days at the latest as of the date of receipt of the notification. Where the applicant does not file any objection against the decision on the refusal or the withdrawal by the Directorate General, the decision shall be permanent.
Upon the decision on the refusal or withdrawal by the Directorate General, the applicant or his proxy can bring a lawsuit at the Commercial Court.
Publication & Opposition. The application, which has met the requirements, shall be published for 3 (three) months by the Directorate General for public inspection and opposition.Within the publication, any party may file an objection/opposition against your design application.
Against the opposition, the applicant may submit a counter at the latest 3 (three) months as of the date of sending the notification by the Directorate General. Only where there is an objection against an application, the Examiners shall conduct a substantive examination. The Examiners shall use the objection and the counter that had been submitted as material for consideration in examining whether to grant or to refuse the application. If no opposition is filed or if the opposition is unsuccessful, the application shall be granted registration and a Certificate of Registration will issue.
An applicant whose application has been refused may file a lawsuit at the Commercial Court within the period of 3 (three) months at the latest as of the date of notification.
Our design filing services include preparation and filing of your design application, notifying objections or acceptance of the application, advising deadlines for responding to office actions and/or oppositions (if any), acquiring and sending the design registration certificate if the application is granted and free consultation with our intellectual property specialists during the process.The following works shall be commenced upon your/your client prior approval:
Preparing the response to the office objections in the case objections by the Examiners;
Preparing the counter opposition against opposition filed by other parties to client’s industrial design application;
Preparing and filing a lawsuit at the Commercial Court against refusal of client’s design application.
