Sarong fabrics featuring checkered patterns and distinctive color combinations often serve as a unique identity of a particular region or brand. Due to their visual appeal and strong market demand, these designs are frequently commercialized. This raises an important question: can such patterns be protected as exclusive rights in Indonesia, and if so, under which type of Intellectual Property protection?
Available Forms of Protection in Indonesia
Checkered patterns and color combinations on sarongs can be protected under Indonesian Intellectual Property law, depending on how they are created and used. The two most relevant forms of protection are Copyright and Industrial Design.
Protection as Copyright
Under Law No. 28 of 2014 on Copyright, protection is granted to artistic works, including motifs or designs with artistic value.
A sarong pattern may qualify for Copyright protection if it:
- Is created as an original artistic work;
- Demonstrates creativity and uniqueness; and
- Is not merely a common or repetitive pattern widely available in the market.
Examples include:
- A sarong motif specifically designed by a designer;
- A pattern with a distinctive composition of lines and colors that reflects strong artistic character.
In this case, the protection applies to the artistic motif itself, not the sarong product.
Protection as Industrial Design
If the pattern is applied to sarongs that are mass-produced and sold commercially, serving as part of the product’s visual appearance and market appeal, then Industrial Design protection is more appropriate.
Under Law No. 31 of 2000 on Industrial Design, the aesthetic appearance of a product—such as compositions of lines and color combinations—can be protected as an Industrial Design.
In this context, the protection covers the appearance of the sarong as a commercial product.
Which Protection Is More Appropriate?
Both forms of protection are available, and the choice depends on the intended strategy:
| Aspect | Copyright | Industrial Design |
| Object | Artistic Work (Motif) | Product Appearance |
| Protection | Automatic (registration optional but recommended) | Must be Registered |
| Requirement | Originality | Novelty |
| Term | Life of the author + 70 years | 10 years |
| Business Value | More Abstract | More Specific & Practical |
Can Both Protections Be Used?
Yes. A combined strategy is often the most effective. For example:
- The original motif created by a designer can be protected under Copyright;
- Once applied to sarongs and commercialized, the design can also be registered as an Industrial Design.
This approach ensures long-term protection of the artistic work, while also securing strong commercial protection for the product.
However, it is important to ensure that the design is actively used in business, so that the investment in registration or recordation provides real value.
Do you have a unique motif you want to protect? Contact us through the following channels and get a FREE 15-minute consultation:
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About AFFA:
Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.
