In business practice, product design often serves as a key differentiator in the market. However, without proper protection, such designs are highly vulnerable to imitation or even being claimed by others.
Therefore, both preventive and enforcement strategies are essential to ensure your product design remains legally protected.
- Maintain Confidentiality
Keep your design confidential by securely storing evidence of your Industrial Design creation and avoid publishing or commercializing it before registration.
This is critical because novelty is the primary requirement for Industrial Design protection.For a deeper understanding of novelty, refer to our previous article:
“The 4 Key Factors that Determine Industrial Design Novelty in Indonesia” - File Your Industrial Design Application Promptly
Submit your Industrial Design application to the Directorate General of Intellectual Property (DJKI) as soon as your design is ready—either directly or through a reliable IP Consultant.Why is this important?
Because Industrial Design protection follows the first-to-file principle. Without registration, there are no exclusive rights that can be legally enforced.
- File an Opposition if Necessary
During the registration process, there is a publication period that allows third parties to file objections.If you identify a design that is:
- Identical;
- substantially similar; or
- potentially infringing your rights,
you may file an opposition as a legal measure of protection.This step is crucial to prevent others from obtaining rights over a design that does not rightfully belong to them.
- Use Proper Legal Agreements in Collaborations
When working with vendors, designers, manufacturers, or business partners, it is essential to have a written agreement (contract) that clearly regulates:
- Ownership of the design
- Confidentiality (Non-Disclosure Agreement / NDA)
- Rights of use and distribution
Without a clear agreement, the risk of future disputes—including unauthorized transfer or claims of ownership—is significantly higher.
If Your Design Has Already Been Copied or Misused
You still have legal options to enforce your rights—without immediately going to court.
Here are the steps you can take:
- Gather Evidence of Infringement
Identify and document:
- The infringing products
- Proof of sales or distribution
- Platforms or parties involved
This evidence will form the foundation of your legal enforcement actions.
- Ensure You Hold a Valid Industrial Design Certificate
The certificate serves as legal proof of ownership.Without it:
- Your legal position becomes weak
- Enforcement actions become significantly more difficult
- Issue a Legal Warning (Cease and Desist Letter)
A warning can be delivered formally (in writing) or informally (verbally) as an initial step.Its purpose is to:
- Notify the infringer
- Open the possibility for resolution without escalating the dispute
- Utilize Alternative Dispute Resolution (ADR)
If the warning is ineffective, you may proceed with:
- Mediation
- Negotiation
- Arbitration
These methods are generally faster, more cost-efficient, and confidential (unlike court proceedings).
Ultimately, protecting your Industrial Design is not solely about registration—it requires a well-planned strategy from the initial stage through to enforcement.
Should you have further questions regarding Industrial Design registration and protection in Indonesia, feel free to contact us through the following channels and receive a FREE 15-minute consultation:
📩 E-Mail : [email protected]
📞 Book a Call : +62 21 83793812
💬 WhatsApp : +62 812 87000 889
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.
