According to Article 1 paragraph 1 of the Industrial Design Law, an industrial design is a shape, configuration, or composition of lines, colors, or a combination of lines and colors that give an aesthetic impression and can be used to make products, goods, industrial commodities, or handicrafts. three-dimensional or two-dimensional patterns. Meanwhile, the person who makes an industrial design is called a designer.
Industrial design right is an exclusive right granted by the Republic of Indonesia to designers to use their own work or give permission to other parties to do so. Industrial design rights are granted for new industrial designs. New here means that on the date of acceptance, the industrial design is not the same as any previous disclosure through print or electronic media, including participation in an exhibition.
Article 2 paragraph 3 of the Industrial Design Law reiterates “prior disclosure” is the disclosure of an industrial design that is prior to:
1. The date of acceptance; or
2. The priority date if the application is filed with priority right;
3. It has been announced or used in Indonesia or outside Indonesia.
Within a maximum period of 6 months before the date of acceptance, the following industrial designs shall not be deemed to have been announced:
- It has been officially displayed or recognized in a national or international exhibition in Indonesia or abroad; or
- It has been used by the designer in Indonesia for educational experimentation, research, or development.
Therefore, based on the above explanation, a work that receives industrial design protection or rights is considered a new industrial design.
Application Procedure for Industrial Design Registration
To obtain an industrial design right, an application must be filed. An application for registration of an industrial design shall be submitted in writing in the Indonesian language to the DGKI with a certain fee. This application can be made electronically through the official website of the DJKI of the Ministry of Law and Human Rights.
Industrial Design Fees and Payment Methods sourced from the DJKI website, the fees for industrial design registration applications are as follows:
- Micro businesses, small businesses, educational institutions, and government R&D:
- Electronically/online
- One industrial design per application amounting to Rp 250 thousand
- One design unit (set) per application amounting to IDR 550 thousand
- Non-electronic/manual
- One industrial design per application at IDR 300 thousand
- One unit of design (set) per application IDR 600 thousand
- General
- Electronically/online
- One industrial design per application IDR 800 thousand
- One design unit (set) per application IDR 1.25 million
- Non-electronic/manual
- One industrial design per application IDR 1 million
- One unit of design (set) per application IDR 1.5 million
Based on the Procedure for Registration of New Industrial Designs, the procedures for applying for registration of industrial designs include:
- Account registration at desainindustri.dgip.go.id.
- Click add to create a new application. At this stage, the applicant has an applicant category, whether general or micro business, small business, educational institutions, and government R&D. In addition, the applicant also chooses the type of industrial design to be registered.
- Fill in all available forms.
- Upload the required supporting data, namely:
- Physical examples or drawings or photographs;
- Description of industrial design;
- A statement letter of ownership of the industrial design;
- Power of attorney (if filed through a consultant);
- A statement letter of transfer of rights (if the applicant and the designer are different);
- Certificate of MSE (if the applicant is a micro or small business);
- Certificate of establishment (if the applicant is an educational institution or government R&D).
- Order the payment code by clicking generate biling code.
- Make payment in accordance with the billing code maximum at 23:59 WIB on the same day.
- If everything is correct, click finish.
- The application has been received by the DJKI.
If it turns out that there are deficiencies in the fulfillment of the conditions and completeness of the application, the DJKI notifies the applicant or his attorney so that the deficiencies are fulfilled within 3 months from the date of sending the notification letter regarding the deficiencies. At the request of the applicant, this period may be extended by a maximum of 1 month. However, if the deficiencies are not met, the DJKI notifies the applicant or his attorney in writing that his application is considered withdrawn and the fees already paid are non-refundable.
Administrative Examination
When the DJKI receives an application, the application will be examined by the DJKI in accordance with the applicable laws and regulations. The administrative assessment process of an industrial design application includes:
- DJKI conducts an administrative examination of the industrial design application. If the application is rejected, the DJKI notifies the applicant if the design does not meet the criteria necessary to obtain industrial design rights. Otherwise, the DGKI also notifies the applicant that the application is withdrawn because it does not meet the requirements and completeness of the application.
- Within a period not exceeding 30 days from the date of receipt of the letter of refusal or notice of withdrawal, the applicant or his/her attorney is given an opportunity to file an objection to the decision of refusal for the presumption of withdrawal.
- In cases where the applicant does not file an objection, the DJKI’s decision on refusal or withdrawal is final.
- The applicant or his/her attorney may file a lawsuit with the Commercial Court against the DJKI’s decision of refusal or withdrawal.
Announcement, Substantive Examination, Grant, and Rejection
Within a maximum period of 3 months from the date of receipt, the DJKI must announce if the application meets the administrative requirements and placed in a special facility so that the public can easily see.
Any party may file a written objection to the DJKI with a certain fee from the date of commencement of the announcement. Within 3 months from the date of the announcement, the objection must be received by the DJKI and notified to the applicant. In this case, the applicant can submit a rebuttal to the objection within a maximum of 3 months from the date of delivery of the announcement.
The examiner conducts a substantive examination if there is an objection to the applicant. Thereafter, the DJKI considers the objections and rebuttals raised during the examination to decide whether the application is accepted or rejected within a maximum of 6 months, or 3 months, from the expiry of the notice period. This decision must be notified to the applicant or his attorney in writing within 30 days from the date of issuance of the decision.
Within a maximum period of 3 months from the date of sending the notification, the applicant whose application is rejected by the DJKI may file a lawsuit with the Commercial Court. If there is no objection to the industrial design application until the expiration of the period for filing objections, DJKI will issue and grant an industrial design certificate within 30 days from the expiration of the period. This certificate is valid as of the date of receipt.
Legal Basis:
- Law Number 31 Year 2000 on Industrial Design;
- Regulation of the Minister of Law and Human Rights Number 42 of 2016 concerning Electronic Intellectual Property Application Services.
Reference:
Hukumonline.com