INDUSTRIAL DESIGN

The law of industrial design has been enacted by the Law No. 31 of 2000. Under the law, an industrial design means 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 from which gives aesthetic appearances and can be realized in a three or two dimensional pattern and used to produce a product, good or an industrial commodity and handy craft.

The philosophy behind the industrial design system in Indonesia is to create a conductive climate for the creations and innovations of the people in the field of industrial designs as a part of the intellectual property rights system

Designs that are contrary to the prevailing laws and regulations, public order, religion, or morality cannot be registered in Indonesia. An industrial design application coming from the any country which is the member of the Paris Convention may claim the priority rights within 6 months from the first filing date.

The term of protection for a registered industrial design in Indonesia is 10 years as of the filing date.

Registering Procedure

An application of industrial design will be published at the latest 3 months from the filing date. The publication will take place within 3 months wherein any party may file an opposition within this period. If there is no opposition within the period of publication, the industrial design will be registered in 30 days from the termination of the publication period. However, if there is an opposition, the application will be examined by comparing the industrial design in question and the opposition. In this case the requirement of newness will be applied. If the industrial design is new, the design will be registered. The detail flow of the procedure can be found in the Industrial design flow chart.

License

A licensing agreement must be recorded at the Indonesian Design Office in order to have legal effects against any third party.

Document Required to file an industrial design application

  1. Power of attorney (no authorization required; find it in Request form application),
  2. Assignment (no authorization required; find it in Request form application),
  3. Statement of Owner (no authorization required; find it in Request form application),
  4. Certified copy of the priority document(s) if the application claims priority rights
  5. Description of design (to be translated into Indonesian language),
  6. Drawings or photographs of the design; minimum size: 10x10 cm and maximum size: 20x30 cm on HVS A-4 100 gram.

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