In order to catch up with international standards of protection required under the TRIPs Agreement, the new Indonesian Industrial Design Law No. 20/2002 was promulgated on December 20, 2002. This new law simply adopts novelty principle as the sole substantive requirement for registration rather than the originality as universally recognized.
DESIGN is creation of the form, configuration, or composition of line and color, or line and color, or combination thereof in three dimension or two dimension which gives aesthetic impression in three dimension or two dimension pattern also can use to made the product, goods, industrial commodities, or handicraft.
Design should be have novelty and not against the rules of law, public order, religion, or morality. A design registration is limited only to appearance of the article and does not offer any protection for its methods of construction or operation. Design gives protection to those works for a limited time only. Design protection gives for 10 years from filing date and can not be renewed.
Our services in industrial design matters, include as follows :
Filling industrial design applications and obtaining registrations.
Determining the applicability of industrial design protection.
Enforcing industrial design against infringement.
Defending clients against infringement charges by others, as well as representing clients in disputes
resolution through either legal proceedings or negotiations.
We provide search service as a first step before the industrial design filed to the Registry. Our search result have 80% of accuracy since we are hoping you having good consideration before applying their design based on the data provided. You can have information of possibilities for their design to be approved by the Registry.
The requirements for filling an industrial design application :
Power of Attorney, no notarization or legalization needed.
Statutory of Declaration, no notarization or legalization needed.
Assignment, only if the applicant is not the designer(s) of the design.
5 (five) technical drawings with Indonesian words;
Written description of the design;
Certified copy of the priority document (if the application claims priority right), with English
Our litigation team handles all aspects of intellectual property litigation, namely:
• Civil proceedings for infringement of trademarks, copyrights, patents and designs in the court;
• Prosecuting and defending criminal actions for infringement of trademarks and copyrights;
• Passing off actions;
• Trademark revocation proceedings in the court;
• Response, Objection, Opposition and Appeal proceeding in the Trademark Office;
• Actions for breaches of distribution, licensing and franchise agreements;
The requirements for filing a litigation case :
– The legalized Power of Attorney duly executed by Director for purpose the legal actions. The legalized
should be signed and sealed by Indonesian Embassy in the relevant countries;
– The legalized Affidavit (Declaration). As the Affidavit will be used for Cancellation lawsuit as well, it
should be signed and sealed by Indonesian Embassy in the relevant countries; – Original certificate of
trademark/design/copyrights registration in several countries (at least 5 five countries);
– The certified copy of worldwide trademark/design/copyrights registrations and that document
certification before a Notary Public in the relevant countries will be acceptable; – The evidence of use
and publication of trademark/design/copyrights. Photographs, newspaper or magazine advertising
will be sufficient;