1. Legal Basis : Law No. 31 of 2000 about Industrial Design in Indonesia, effective 20 December 2000.
2. 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.
3. Average time to register an Industrial Design in Indonesia : 12-24 months.
4. Official language for Industrial Design Prosecution : Indonesian Language.
5. Number of classes according to Locarno Agreement : 31
II. The Requirements And Procedure For Filing New Industrial Design Application In Indonesia
The information and documents required for filing the Industrial Design application which should be fulfilled at the time of filing are as follows :
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.
Formal drawings or photograph
They should be taken from perspective, top, bottom, rear, front, right and left side views of the related Industrial Design and made from 100 gr paper at a minimum without any characters or numbers. In this case, we can assist the applicant in preparing the said formal drawings.
Claim of the design
Shape, configuration, or composition of lines or colors, or lines and colors, or the combination thereof.
The documents for completing the Industrial Design application are as follows :
- Power of Attorney, simply signed by the Applicant.
- Statement, simply signed by the Applicant.
- 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 Indonesian Design Office within 3 (three) months computed from 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 procedures for design application are as follows :
- The application which has fulfilled the requirements, shall be published by the Directorate General at the latest 3 (three) months computed from the filing date.
- Any party may file an objection in writing at the Directorate General with the payment of fee. The filing an objection should be filed at the latest 3 (three) months as of the date of commencement of the publication.
- The applicant may submit a counter against the objection at the latest 3 (three) months as of the date of sending of the notification by the Directorate General.
- Where there is an objection against an application, the examiner shall conduct a substantive examination.
- The Directorate General shall use the objection and the counter that had been submitted as material for consideration in examining whether to grant or to refuse the application.
- The Directorate General shall be obligated to produce a decision whether to approve or refuse the objection within a period of 6 (six) months at the latest commencing from the date of the termination of the announcement period.
- The decision of the Directorate General shall be notified in writing to the applicant at the latest 30 (thirty) days from the date of issue of the decision.
- An applicant whose application has been refused may file a lawsuit at the Commercial Court within the period of 3 (three) months at the latest as of the date of notification.
- Where there is no objection against an application until the termination of the announcement period, the Directorate General shall issue the final decision (to register or refuse the application) about 2 (years) computed from the filing date.
Protection period of Industrial Designs
The protection of the rights to Industrial Design shall be granted for 10 (ten) years from the filing date. Therefore, there is not any renewal or annuity for the registered Industrial Design.