Serving clients on preparation and prosecution of industrial design applications as well as litigations.
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.
Any work that constitutes a shape, configuration, composition of lines or colors, composition of lines, 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 handicraft shall be registrable.
Designs deemed to be contrary to public order, religion, morality, prevailing laws and regulations are not registrable. Power of Attorney (model TMAP-POA enclosed), merely signed and no legalization is necessary.
As provided under the law, the application shall be in Indonesian language containing the following particulars :
1. Date, month and year of application;
2. Name, address and nationality of applicant(s);
3. Name, address and nationality of designer(s);
4. Title of design;
5. Country, date and serial number of priority applications (if any);
6. Detailed description;
7. Physical sample or photograph or drawing(s) from six points of view (top, bottom, left, right, front and rear) and isometrical projection in A-4 paper size;
8. Attachments :
• Power of Attorney;
• Assignment document (if any);
• Certified copy of priority document (if any);
INCOMPLATE FORMALITIES & LATE FILING
While the requirements no. 1-7 must be submitted at the time of filing, the attachments may be completed within three (3) months from the date of notice issued by the Directorate General of Intellectual Property (DGIP), otherwise the application shall be 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 an ordinary.
PUBLICATION 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.
Other than formal examination, there won’t be any substantive examination unless in the case where an opposition was filed by a third party.
Protection to an industrial design shall be valid for ten (10) years from its filing date, and the term is not extendable.
Cancellation actions of a registered industrial design can be initiated by filing a lawsuit with the Commercial Court.
CIVIL REMEDIES & 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.