The estimated population of Indonesia is 264.2 million, counted as 16th largest economy in the world and amongst South-East Asia it is counted as largest economy. Protection of industrial design in Indonesia is not a part of patent regulation but has its own specific regulation. There are 3 main regulation that covers industrial design in Indonesia, those are: Law No. 31 Year 2000 concerning industrial design, Government Regulation No. 1 Year 2005 on the Implementation of Law No. 31 Year 2000 concerning Industrial Design, and Law No. 7 Year 1994 regarding the Ratification of the World Trade Organization Agreement (collectively, “Law No. 31 Year 2000,” “Law No. 31 Year 2000,” and “Law No. 7 Year 1994”). Based on Article 12 law no. 31 year 2000 Indonesia adopts the first to file principle in relation to Industrial Design protection.
Industrial design application in Indonesia can be requested for:
Applications must be submitted in writing to the Republic of Indonesia's Directorate General of Intellectual Property Rights. According to Article 14 paragraph (1) in conjunction with Article 1 paragraphs (8) and (10) of Law No. 31 from 2000, applications submitted by overseas applicants must be made through a consultant of intellectual property rights who has been designated as their representative.
The application is subject to an administrative review after submission. The Directorate General will publish the application for a period of three months after the examination is finished. The applicant may simultaneously file a written request to postpone publication at the time of filing.
According to Article 25 paragraphs (4) and (5) of Law No. 31 of 2000, this deference cannot last more than 12 months starting from the filing date or the priority date. Before, if there was no protest or objection from a third party after the publication time had ended, the application was immediately registered. The Certificate of Industrial Design for the relevant application was then issued by the Directorate General.
After the publication period has expired, each Industrial Design submission will be processed in the substantive examination. The following criteria are used to thoroughly perform the Examination:
You can receive complete assistance from Khurana and Khurana IP Attorneys, skilled Industrial Design Lawyers and Attorneys in Indonesia with the registration and protection of new industrial design.
The design is published in the Journal once the formalities have been examined for a period of three months, which the parties may request be extended to twelve months. During the time of publication, interested third parties may object to the registration of the design. Only when there is disagreement is there a substantive examination. During a substantive examination, a counter statement and an opposition are taken into account. The design is registered and a Certificate of Registration is issued after the substantive examination is finished.
For ten years, the design is protected.
Maintenance & Renewals: Indonesia does not offer maintenance or renewals for Designs.