Industrial Designs Law in Indonesia
Industrial Designs Law in Indonesia
1. Legal Framework
Industrial design protection in Indonesia is governed by:
Law No. 31 of 2000 on Industrial Designs (amended by Law No. 20 of 2016).
Implemented under the Directorate General of Intellectual Property (DGIP) within the Ministry of Law and Human Rights.
Indonesia is a member of the Paris Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
2. What Can Be Protected?
Industrial designs protect the aesthetic and ornamental aspects of a product.
The design must be:
New (not previously disclosed to the public anywhere).
Original and not merely a copy.
Designs that are purely functional or dictated by technical necessity are excluded.
3. Registration Process
Filing Authority: Directorate General of Intellectual Property (DGIP)
Application Requirements:
Application form.
Clear reproductions (drawings, photographs) of the design.
Description of the design.
Priority claim documents (if any).
Payment of fees.
Procedure:
Formal Examination: Checks completeness of documents.
Substantive Examination: Checks novelty and eligibility.
If approved, the design is registered and published.
4. Duration of Protection
Initial protection is for 10 years from the filing date.
No renewal is possible after the 10-year term.
5. Rights Conferred
Exclusive rights to use, produce, sell, import, or license the design.
Right to prevent third parties from unauthorized use of the design.
6. Infringement and Enforcement
The rights holder may file civil or criminal lawsuits against infringers.
Remedies include injunctions, damages, and seizure of infringing products.
7. International Protection
Indonesia recognizes priority claims under the Paris Convention (6 months).
Indonesia is not a member of the Hague Agreement for international design registration; therefore, protection must be sought via national filing.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Law No. 31/2000 on Industrial Designs (amended 2016) |
| Registration Authority | Directorate General of Intellectual Property (DGIP) |
| Protection Duration | 10 years from filing date (no renewal) |
| International Treaties | Paris Convention, TRIPS |
| International Registration | Not a member of Hague Agreement |
| Enforcement Jurisdiction | Indonesian courts |
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