Industrial Designs

– Law No. 31 of 2000 on Industrial Design, effective since December 20, 2000 with its Elucidation of Government Regulation No. 1 of 2005 on the Implementation of Law No. 31 of 2000 on Industrial Design.
– Government Regulation No. 1 of 2005 on the Implementation of Law No. 31 of 2000 on Industrial Design, effective since January 4, 2005.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, by virtue of Presidential Decree No. 15 of 1997 concerning the Amendment of Presidential Decree No. 24 of 1979.
– WTO's TRIPS Agreement, by virtue of Law No. 7 of 1994.
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 18, 1979.
– Hague Agreement Concerning the International Registration of Industrial Designs, since December 24, 1950. Note: denunciation of membership to the London Act, effective since June 3, 2010.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since June 4, 2022.

Filing

Applicant: the designer or those who receive the right from the designer.

Foreigners: appointing a resident agent is compulsory.

Application: an application may only be filed for one industrial design, or several industrial designs that constitute a unity of an industrial design, or that have the same class.

Definition: industrial design means a creation on the shape, configuration, or the compositions of lines or colors, or lines and colors, or the combination thereof in three- or two-dimensional form which possesses an aesthetic impression and can be realized in a three- or two-dimensional pattern and can be used to produce products, goods or industrial commodities and handicrafts.

Novelty: must be new, not disclosed, published or used in Indonesia and overseas.

Novelty grace period: six months before the filing date under specific conditions.

Priority: six months.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney;
2. Photographs, drawings or physical samples of the industrial design;
3. Description of the design;
4. A statement confirming that the industrial design is the applicant’s or the designer’s property;
5. If the application is filed by more than one applicant, the application shall be signed by one of them by attaching a written agreement from the other applicants;
6. If the application is not filed by the designer, a statement and sufficient evidence to show that the applicant is entitled to the relevant industrial design;
7. Priority document, if any, with a translation in the Indonesian language (may be late filed: three months).

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of wet signed documents are accepted for online filing, however, it is advisable to keep the original in case the relevant authority requests it at a later date.

Examination

Examination: only formal.

Publication: within a period of three months from the filing date.

Opposition: any interested party may file an objection within the publication period.

Rebuttal: the applicant has a period of three months to file a rebuttal.

Decision: the Directorate General of Intellectual Property Rights takes a decision within six months after the expiry date of the publication.

Appeal: the applicant may file a lawsuit against the rejection of the application at the Commercial Court within a period of three months as of the date of notification.

Protection

Issuance of certificate: if there is no opposition, a Certificate of Industrial Design is issued.

Duration: ten years commencing from the filing date.

Renewal: no extension possible.

Infringement: criminal sanction is provided. The holder of a registered industrial design may also claim for damages. All industrial designs infringement is deemed to be offensive warrants complaint (delik aduan).