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Introduction

The legislation on Industrial Designs enacted under R.I. Law No. 31/2000 taking effect on December 20, 2002 is one of the newest intellectual property regimes introduced in Indonesia, though the original draft of which had been earlier pending for more than 20 years and left untouched. It simply adopts “novelty” principle as the sole substantive requirement for registration, rather than “originality” as universally recognized.

Unless proven otherwise, those who first file the application for a design registration shall be considered the rightful proprietor (“First-to-file” system). And interestingly, the law also provides for relatively simple and short time frame in the process of prosecution, in that no substantive examination will be needed, unless there is an opposition by a third party.

Registrability

Any work that constitutes a shape, configuration, composition of lines or colors, composition of lines and colors, or a combination of the same in a three or two- dimensional form which gives rise to aesthetic impression and can be transformed into three or two-dimensional pattern and used to produce a product, goods of industrial commodities or handicrafts shall be registrable. Designs deemed to be contrary to public order, religion, morality, prevailing laws and regulations are not registrable.

Filing Requirements:

1. Design Request Form (In Indonesian language), indicating particulars of the applicant(s) and the designer(s). it can be prepared and signed by ourselves on client's behalf; but particulars should be provided with the client's instructions;
2. Power of Attorney, (model DES-POA/lsp, enclosed) simply signed by the applicant and no legalization is required;
3. Declaration of Entitlement, (model DES-DEC/lsp, enclosed) simply signed by the applicant and no legalization is required;
4. Assignment (model DES-ASS/lsp, enclosed) simply signed ( if the applicant is not the designer itself, no legalization is required);
5. Detailed description consisting of :
• title of the design
• Explanation of the drawing(s) and the design
• Claim
6. Physical sample or photograph or drawing(s) from six points of view (top, bottom, left, right, front and rear) and iso-metrical projection in A-4 paper size, in local language;
7. Certified copy of priority document (if priority convention is claimed) with its English version (be simply verified by the translator).

All of the requirements mentioned above must be submitted at the time of filing, except for  no.2,3,4 & 7 which may be completed within three (3) months from the date of notice issued by the Directorate General of Intellectual Property (DGIP) Office. Failure in fulfilling the requirement within the said term shall cause the application deemed abandoned. 

With respect to a design application, which claims convention priority, it must be filed no later than six (6) months from the priority date. The certified copy of the priority document must be submitted within three (3) months from the date of official notification, failing which such an application will be treated and prosecuted as a non-convention application.

Publications and Opposition

Application shall be published within three (3) months from the filing date. It shall be laid open for three (3) months for public inspection and opposition.

The grounds for opposition are based on:

• “Novelty” principle.
• Public order, religion, morality, prevailing laws and regulations.

Examination

Other than formal examination, there won’t be any substantive examination unless in the case where an opposition is filed by a third party.

Duration

Protection to an industrial design shall be valid for ten (10) years from its filing date, and the term is not extendable.

Cancellation Actions

Cancellation actions of a registered industrial design can be initiated by filing a lawsuit with the Commercial Court.

Civil Remedies and Criminal Penalties

Those who have their designs validly registered are entitled to civil and/or criminal remedies when their rights are infringed. The civil remedies will include injunctive relief and damages. Criminal sanction of imprisonment for at most four (4) years and Rp. 300 Million fine is available for piracy of industrial designs.