In the ever-evolving landscape of industrial innovation, protecting Intellectual Property Rights is paramount to fostering creativity and encouraging economic growth. Among the various forms of Intellectual Property, Industrial Design plays a crucial role in safeguarding the aesthetic and visual aspects of products. In Indonesia, as in many countries, Industrial Design novelty requirements serve as a foundation for granting legal protection to designers and innovators. This article delves into the significance of Industrial Design novelty requirements in Indonesia, exploring their implications for creators and businesses alike.
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.
Novelty Requirements: The Bedrock of Design Protection
At the heart of Industrial Design protection lie the novelty requirements. In Indonesia, to qualify for protection, a design must meet the criterion of novelty. Novelty, in this context, means that the design has not been disclosed to the public anywhere in the world before the filing date or priority date of the application. This requirement emphasizes the originality of the design, ensuring that it brings a new and distinct visual impression to consumers.
The Key Factors
- An Industrial Design can be new even if it is similar to another design, as long as the differences are significant enough to give the new design an individual character.
- The novelty of an Industrial Design is assessed on a global basis. This means that a design that is new in Indonesia may not be new if it has been made available to the public in another country.
- The novelty of an Industrial Design can be lost if it is disclosed to the public through nationally and internationally recognized exhibitions.
- The novelty of an Industrial Design also can be lost if it is disclosed to the public by the owner in the framework of an experiment with the purpose of education, research, or development.
However, for points 3 and 4 above, there is a six-month (6-month) grace period during which an Industrial Design can be made available to the public without losing its novelty. This grace period is intended to allow designers to test the market for their designs before applying for protection.
If you have any questions about Industrial Design novelty in Indonesia or abroad, don’t hesitate to contact us at [email protected].
Sources:
- Law No. 31 of 2000 concerning Industrial Designs
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