Introduction to industrial designs
From HAKItree
English 
Indonesian 
Contents |
What is an industrial design?
An industrial design protects the shape or configuration of three dimensional industrial or handicraft articles, or patterns applied to their surface. Examples of articles that may qualify for design protection range from household appliances, such as blenders or shavers, jewellery, watches and perfume bottles, to components of industrial machinery. A batik or ikat design may also be capable of protection.
How are industrial designs protected in Indonesia?
Industrial designs may be registered with the Industrial Designs Office. Unless otherwise agreed, it is the designer(s) who created the industrial design, who is entitled to registration.
Industrial designs are registered in relation to particular goods. It is necessary to specify the goods, following the Locarno Classification.
How long does registration take?
It usually takes 12 months for the registration certificate to be issued. Design applications are not examined as to substance. Once an application has been filed and all formalities complied with, it will be published by the Industrial Designs Office. Any third party may oppose the application within three months of the date of publication. If no opposition is filed, the application will be accepted, and a certificate of registration issued.
How long does an industrial design registration last?
Once registered, an industrial design is protected in Indonesia for a period of 10 years from the date of filing the application. The registration cannot be renewed.
What industrial designs are not registrable?
Any industrial design can be registered except an industrial design that:
- is not new (either in Indonesia or overseas) at the time of filing. (Novelty is not destroyed if the design is displayed in international exhibitions or used in experiments for education, research and development purposes up to six months before filing); or
- is contrary to prevailing laws and regulations, public order, religion or morality.
Can you license use of the industrial design?
Yes. The law states that unless a licence agreement is recorded at the Industrial Designs Office, the licence will have no effect on third parties. However, as of 2008, the Regulations for the recordal of licences had not been drafted and it is not yet possible for licences to be recorded.
