Overview

Industry Design is a creation about form, configuration or composition between line or color, or line and color or the collaboration of both which is 3 dimensional form or 2 dimensional form that giving an aesthetic impression and can be realized in 3 dimensional or 2 dimensional or 2 dimensional and also can be used to produce a product, goods, industry commodity or handicraft.

Protection of Industrial design

A design registration gives the owner of the design a monopoly right over the appearance of a manufactured article. The appearance can be defined in terms of shape and configuration, or pattern and ornamentation or both. A design registration protects the appearance of an article and does not include a method or principle of construction.

Difference Between Patents and Designs

The protection afforded by a design registration is different from the protection afforded by a patent. But it is possible to have a patent and a design registration for the same invention. A patent may provide protection for a method or principle of construction of an article, while a design registration may protect the appearance of the same article.

What types of designs are protected ?

Indonesian industrial designs law states that right over the industrial design shall be granted only to novel designs. Traditional designs are specificaly protected.  Industrial designs are considered new if, on the date the IPR office receives it, the design is not the same as an existing design.  Under article 3, an industrial design shall not been deemed to have been announced if within 6 months before the submission and application for registration, it :

- has been demonstrated in an official natinal or international exhibition held in Indonesia or abroad

- has been used in Indonesia by the designer for experimental purposes in the context of education, research and development.

According to article 4, a design will not be protected if it does not accord with the law, public order or morality.

For How Long are designs protected?

Industrial designs are protected for 10 years. Article 5 states that, upon registration, designs are noted in the Industrial Designs General Register and are announced in the official Industrial Designs Gazette.

Who owns the design ?

1. Under article 6, the designer, or someone obtaining rights from the designer, or several people who have collectively made a design, will have rights over the design.

2. If the design was made in the course of employment in a government office, the government office will hold the rights over the design, except if agreed otherwise between the parties (article 7(1)), even if a government office employs a freelancer to make the design.

3. But if the design was made in the course of employment or during freelance work for the private sector, the designer he or herself will wold the rights over the design (Article 7(3)).

Infringement of designs

An owner of a registered design has the exclusive right to apply the design to an article in respect of which the design is registered. This right will be infringed if another party applies the design or any fraudulent or obvious imitation of the design to any article in respect of which the design is registered.

the holder of a right over a design can take the infringer to the commercial court (article 46 (2)) in order to obtain compensation or an order directing the infringer to cease all infringing activity.  Disputes can also be resolved by arbitration or alternative dispute resolution (Article 48).

There are also criminal provisions in the Indonesia Design Law. If a design is used without permission, the infringer may face a maximum imprisonment term of seven years and a fine of up to 300 million rupiah (article 54 (1)).   

Registration Requirements

The requirement which is needed for filing industrial design application are as follows:

1. The Special Power of attorney (simply sign).

2. The Special Declaration (simply sign).

3. Copy of Identity Card and NPWP of the stand of the company (legalize).

4. The figure or design sketch on 100 gram paper for 5 times, which can be seen from many side, such as from upper, under, front and back.

5. Design classification and description.

6. The inventor name/ design inventor.