The Minimum Requirements for Industrial Design Registration in Indonesia
Having your Industrial Design registered and protected means you are ready to advance your product to the next stage. Because the exemplary Industrial Design plays a vital role in targeting specific market segments, creating new market niches, and strengthening the company’s branding and positioning.
Industrial Design in Indonesia: A Brief Overview
Industrial Design refers to an article’s ornamental or aesthetic aspect, encompassing its visual appearance and features. It is not concerned with the technical or functional aspects of the product. In Indonesia, Industrial Design protection is governed by Law No. 31 of 2000 concerning Industrial Designs. This legal framework provides creators with the means to protect their original designs from unauthorized use or reproduction.
In previous articles, we have explained the importance of novelty in Industrial Design. This time, the comprehensive guide continues with the minimum requirements, including what must be prepared to apply for Industrial Design Registration.
Minimum Application Requirements
1. Fill out the Application Form Independently or Through a Registered Intellectual Property Consultant
You can submit this filling process online on the Directorate General of Intellectual Property (DGIP) portal or through a reliable, experienced Intellectual Property Consultant. Using a Consultant will give you professional advice early on the chances of your registration application being accepted. This way, the application fee you pay will not be in vain. In addition to that, you don’t need to worry about completing the required documents.
To fill out the Application Form, you must include the following data:
- Types of Industrial Design:
When applying, you must determine what Industrial Design you wish to register among the following 4 (four) options:
1. One Design
What is meant by One Design is the overall product design, for example, a chair design or a food packaging design.
2. Set Design
This category is selected if your design includes several products at once—for example, a set of tables and chairs or speakers and subwoofer.
3. Divisional/Partial Design
This category is chosen if your design is only part of a pre-existing product. For example, the sole part of the shoes you have previously registered or the frame part that surrounds the glass of a pair of glasses.
4. Divisional/Partial Set Design
As the name suggests, this category is selected if the design you are registering is only part of several products—for example, just the outer appearance of the speaker tubes of a set of loudspeakers.
- Applicant Information
Contains the full name, nationality, detailed address consisting of country, province, city/district, sub-district, postal code, email, and telephone number of the Applicant.
- Designer Information
If the data is not the same as the Applicant, then the Designer data must be filled in with full name, nationality, and country. Designer Data can also contain more than one Designer.
- Consultant Information
If you use a Consultant, the data required is the Consultant’s full name and address, as well as email and telephone number.
- Desain Information
This data must include the following information:
1. Title of Industrial Design
The general name of the product in Indonesian, without including the brand or type of item. For example, for bottle products, just write “bottle,” without adding “- 30 cm plastic”.
2. Description
This section is the place to explain the product’s uses, product characteristics, and product features that you want to protect.
3. Claim
In this section, you can choose the registered design, which is the complete product shape (for example, a car or shoes), configuration (for example, a car dashboard), line composition (for example, a pattern installed on a car seat), color composition (for example a colored batik design), or a combination thereof.
4. Locarno CLassification
Locarno here refers to the “Locarno Agreement,” an international agreement in the field of Industrial Design that determines international classification based on a list of class and sub-class indications, as well as explanatory notes intended solely for administrative purposes of Industrial Design registration.
Locarno consists of 32 class titles arranged sequentially, and class numbers are assigned according to the type, nature, or function of the goods indicated according to the relevant class title. You can choose the category according to your product type.
- Priority Data
This data must be filled in if the applicant comes from outside Indonesia. The information required is country of origin, priority number, priority date, and additional notes (if any).
2. Providing Figures and Descriptions
The figures can be in a form of Technical Drawing, Computer Rendered Image, or Photo with the following appearance:
- Views:
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- Perspective View
- Top view
- Bottom View
- Front look
- Back view
- Left Side View
- Right-side view
- Application Documents (administrative):
- Power of Attorney (if using a Consultant)
- Industrial Design Ownership Letter
- Assignment Document of Industrial Design Rights from Designer to Applicant
A required letter if the Designer is not the same as the Applicant. Therefore, this letter must contain the following information:
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- Assignor = Designer;
- Assignee = Industrial Design Owner/Applicant;
- Designers are individuals, one or more than one;
- The owner is an individual or a legal entity;
- Legal entities are represented by parties who are responsible for representing them, as evidenced by a position decree or similar.
Priority Document along with its translation into Indonesian (must be sworn translated)
3. Pay the Application Fee
Once all the documents are complete, you will receive detailed fees, and if payment has been made, it will continue with the Formality Examination, Publication, and Substantive Examination. All of these documents will be provided to you by us later on.
Furthermore, if no problems are found with the application or no existing design is found, DGIP will issue an Industrial Design Rights Certificate as proof of ownership of Industrial Design Rights. This protection certificate is valid for 10 (ten) years and cannot be extended, valid from the date the application was received, not from the time the certificate was issued.
Should you have other questions about the Industrial Design registration in Indonesia or abroad, don’t hesitate to contact us via email at [email protected].
Source:
- Law No. 31 of 2000 concerning Industrial Design
- Industrial Design Advanced Module – DGIP, 2020
