The protection of industrial design in Indonesia is regulated under the Law No. 31 Year 2000.
to Article 1 of this Law, an Industrial Design is the creation of a
shape, configuration, or the composition of lines or 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.
Based on Article 12 Law No. 31 Year 2000
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.
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
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.
right to Industrial Design is granted on the basis of application and
shall be given for 10 years commencing from the Filing Date of
Application, without any renewal.
Procedure of Registration
An industrial application should
be filed in writing to the Directorate General of Intellectual Property
Rights in the Republic of Indonesia. This application 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. In the event that there is no objection being filed
against the published application, the application would enter the
substantive examination stage. 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.
substantive examination will be completed within 9 months computed from
the expiry of the publication period after which a decision will be
The protection of the right to an industrial design shall be granted for 10 years computed from the filing date.
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