Major international treaties signed:

  • World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement, including Trade in Counterfeit goods, by virtue of Law No. 7 of 1994.
  • Paris Convention for the Protection of Industrial Property (1967).
  • Convention Establishing the World Intellectual Property Organization (WIPO).
  • Hague Agreement Concerning the International Registration of Industrial Designs, London Act (Geneva Act).
  • Locarno Agreement Establishing an International Classffication for Industrial Designs.

Regulations related to Industrial Design:

  • Industrial Design Law Number 31 Year 2000
  • The Government Regulation of the Republic of Indonesia Number 1 of 2005 concerning Implementation of Law Number 31 Year 2000 concerning Industrial Design is stipulated on 5 January 2005.

The term for filing design applications in Indonesia

An industrial design application claiming priority should be filed within a six-month period from the priority date. Unlike other countries, the protection of Industrial Design in Indonesia is provided under its own specific regulation and not as a part of Patent regulations. A registered design is valid for a period of 10 years from the date of filing the application. There is not any renewal or annuity for the registered Industrial Design.

Procedures:

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 Product : 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 handle, etc.
  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.

Applications filed by foreign applicants should be filed through an appointed Consultant of Intellectual Property Rights as their proxy (Article 14 paragraph (1) in conjunction with Article 1 paragraph (8) and (10) Law No. 31 Year 2000). After submission of the application, it is subject to an administrative examination. Upon completion of such examination, the DGIP shall subsequently publish the application for the period of 3 months. At the time of the filing, the applicant can simultaneously submit their request in writing to defer the publication. Such deference shall not exceed 12 months commencing from the filing date or the Priority Date (Article 25 paragraph (4) in conjunction with paragraph (5) Law No. 31 Year 2000).

Previously, upon expiry of the publication period and in the absence of opposition/objection by a third party, the application was automatically registered and the Directorate General subsequently issued a Certificate of Industrial Design for the relevant application (Article 29 Law No. 31 Year 2000). Only in the event that there was an objection filed against the published application within the publication period, would the Directorate General conduct a substantive examination upon the relevant application. The DGIP would notify the applicant on the said objection and the application had the right to submit their counter against the objection. Both objection and counter objection were used by the Industrial Design Examiner as material for consideration in examining the application. The decision of such examination was issued within 6 months commencing from the expiry of the publication period (Article 26 Law No. 31 Year 2000 concerning Industrial Design).

The Required Documents for Completing the Industrial Design Application are as follows:

  • Original Power of Attorney, simply signed by the Applicant.
  • Original Statement, simply signed by the Applicant.
  • Original Assignment, simply signed by two parties, Applicant and Designer.
  • Certified copy of priority document and the English translation thereof (if any). Priority deadline counted 6 (six) months from the application date in the prior country.

The above mentioned documents can be submitted to the DGIP Office within 3 (three) months as from the filing date. Should your client cannot fulfilled the said documents within the given period, the deadline for submitting the documents can be extended for one month only. Legalization or notarization is not required for the documents.

The Requirements And Procedure For Filing New Industrial Design Application In Indonesia

Data Sheet

Title of the proposed design, name of applicant(s) and their addresses, name of designer(s) and their nationalities, detail of priority (its country, filing date and number) and brief explanation and function of the related Industrial Design. They should be taken from perspective, top, bottom, rear, front, right and left side views of the related Industrial Design. Shape, configuration, or composition of lines or colors, or lines and colors, or the combination thereof.

Formal Drawing(s)

They should be taken from perspective, top, bottom, rear, front, right and left side views of the related Industrial Design.

Claim of the Design

Shape, configuration, or composition of lines or colors, or lines and colors, or the combination thereof

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