4 Steps to Prevent Your Industrial Design from Being Copied or Misused in Indonesia - AFFA IPR

4 Steps to Prevent Your Industrial Design from Being Copied or Misused in Indonesia

Intellectual Property, Industrial DesignLeave a comment

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.

Can You Protect Checkered Sarong Designs Under Indonesian IP Law? - AFFA IPR

Can You Protect Checkered Sarong Designs Under Indonesian IP Law?

Intellectual Property, Copyright, Industrial DesignLeave a comment

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:   📩 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.

Indonesia Joins the Riyadh Design Law Treaty - AFFA IPR

Indonesia Joins the Riyadh Design Law Treaty

Intellectual Property, Industrial Design

On July 8, 2025, Indonesia officially signed the Riyadh Design Law Treaty (RDLT), joining a growing number of countries committed to modernizing global design protection. This historic treaty was adopted earlier on November 22, 2024, at a WIPO Diplomatic Conference in Riyadh, following nearly two decades of negotiations.    With over 190 participating countries and 18 signatories on day one, the RDLT represents a significant milestone in international IP harmonization, aiming to streamline and simplify the procedural aspects of Industrial Design registration worldwide. The active participation of countries like India (which ratified the treaty in November 2024) and now Indonesia, underscores a strong regional commitment to future-ready IP infrastructure.   What the Treaty Introduces: Streamlined & Smart   With Indonesia’s accession reinforcing the treaty’s growing global significance, the RDLT introduces a unified, flexible framework for Industrial Design registration. It eliminates unnecessary bureaucracy and offers practical tools for navigating the digital era. Key features include: Standardized filing requirements, capped to a reasonable and predictable list. 12-month grace period for disclosures prior to filing—beneficial for creators who share designs publicly before formal registration. Multiple-design applications, allowing several designs to be filed in one submission. Flexible representation formats such as drawings, photographs, and digital media. Deferred publication of up to six months, helping manage confidentiality. Procedural safeguards like relief for missed deadlines and simplified renewals. Support for electronic filing systems and cross-border data exchange.   These measures aim to empower not only large corporations, but also SMEs, startups, and individual designers navigating the increasingly interconnected global market.   A Global Movement Backed by Regional Leaders As of the adoption date, the following 18 countries signed the RDLT: Bosnia and Herzegovina, Central African Republic, Congo, Costa Rica, Côte d’Ivoire, Democratic People’s Republic of Korea, Gambia, Ghana, Lebanon, Morocco, Paraguay, Philippines, Republic of Moldova, São Tomé and Príncipe, Saudi Arabia, Sudan, Uzbekistan, and Zimbabwe.   India followed shortly thereafter, signing and ratifying the treaty on November 26, 2024. With Indonesia joining on July 8, 2025, ASEAN’s largest economy signals its readiness to align domestic regulations with global standards—an important step for attracting design-driven investment and protecting creative industries across Southeast Asia.   Why the RDLT Matters for IP Stakeholders   The treaty’s adoption is more than a procedural update—it’s a strategic response to the evolving needs of the design economy: Greater consistency in design registration processes worldwide. Enhanced access for smaller players through reduced red tape. Recognition of digital realities, including electronic filing and digital design formats. Flexibility for national values, such as optional disclosures on traditional cultural expressions or traditional knowledge. Improved legal certainty, with clear deadlines and grace provisions that support creators in fast-moving industries.   For businesses operating across multiple jurisdictions, the RDLT brings long-overdue clarity and efficiency—crucial for accelerating go-to-market strategies and safeguarding innovation.   The Road Ahead   The RDLT will enter into force three months after 15 contracting parties deposit their instruments of ratification. Given the pace of recent accessions—including major economies like India and emerging creative markets like Indonesia—that threshold may be reached within the next 12 to 24 months.   Now is the time for designers, legal professionals, and IP-focused businesses to prepare. Understanding and adapting to the RDLT’s framework will be critical to staying competitive in a global design economy.   At AFFA Intellectual Property Rights, we’re tracking this landmark treaty rollout closely. Our team helps international clients assess their readiness, align procedures with the Riyadh standards, and embrace new IP filing strategies. If you’re a designer, brand owner, or business innovator looking to secure your design rights globally, reach out to explore how AFFA can support your international IP roadmap.   Need help protecting your Industrial Design in Indonesia? Book a free 15-minute call with our professional consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   Source: World Intellectual Property Organization

Industrial Design Filing in Indonesia: Local Licensed IP Consultant Required for Foreign Applicants - AFFA IPR

Industrial Design Filing in Indonesia: Local Licensed IP Consultant Required for Foreign Applicants

Intellectual Property, Industrial Design

If you’re considering Indonesia for Industrial Design protection, there’s one crucial fact you can’t afford to miss: Indonesia is not a member of the Hague Agreement. That means no international shortcut—and no room for error when it comes to choosing a reliable local partner.   For many IP holders, the Hague Agreement provides a streamlined route to securing design rights in multiple jurisdictions through the World Intellectual Property Organization (WIPO). But Indonesia is not party to the Hague Agreement under either the 1999 Geneva Act or the 1960 Hague Act.   This means you cannot designate Indonesia via an international design application. All applications must be filed directly with Indonesia’s Directorate General of Intellectual Property (DGIP).   Local Agent Is Mandatory for Foreign Applicants   According to Article 1(6) of Ministerial Regulation No. 8 of 2016 on Procedures for Filing Industrial Designs: “Foreign applicants must file their applications through an Intellectual Property Consultant registered with the DGIP.” In other words, foreign entities may not file directly, either physically or online, regardless of whether the design was first filed in a Paris Convention country or not.   What Happens If You Ignore This?   Without a registered local consultant: Your application will be deemed incomplete and may be rejected. You risk missing the 6-month priority period under the Paris Convention due to procedural delays. Any errors in translation or classification may invalidate your application.   A local IP consultant ensures your application meets all administrative, language, and document legalization requirements.   Key Facts About Design Filing in Indonesia   Topic Details International Route Not available (not a Hague member) Local Representation Mandatory for foreign applicants Term of Protection 10 years from filing date (non-renewable) Examination Yes, for both formalities and substantive matters. Opposition Period 3 months from publication date Governing Law Law No. 31 of 2000 on Industrial Design   Despite the absence of the Hague route and renewals, Indonesia’s design system is clear, relatively fast, and enforceable. It also operates in the context of Southeast Asia’s largest consumer market, with over 270 million people and growing enforcement capacity.   The DGIP recognizes priority rights under the Paris Convention (to which Indonesia is a party), so foreign applicants still benefit from global alignment, as long as they go through the right channel.   Need help filing your design in Indonesia? Book a free 15-minute call with a registered Industrial Design consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Can You Protect a Furniture Design in Indonesia? Absolutely! - AFFA IPR

Can You Protect a Furniture Design in Indonesia? Absolutely!

Intellectual Property, Industrial Design

Do you think designs are just for fashion or gadgets? Think again. When people hear the term “Industrial Design,” they often think of phone cases, handbags, or consumer electronics. But in Indonesia, protection for Industrial Design extends far beyond tech and fashion. From minimalist lounge chairs to futuristic bathtubs and even ornate lighting fixtures, furniture and home décor are eligible for protection under Indonesia’s Industrial Design Law.   For interior, furniture, and lifestyle brands targeting Southeast Asia’s largest consumer market, registering your designs isn’t just possible — it’s essential.   Why Furniture Design Matters in Indonesia   Indonesia has seen a steady rise in Industrial Design awareness and filings over the past five years. Applications climbed from 2,319 in 2017 to a record-breaking 3,533 in 2022. This growth reflects not only increasing local awareness but also foreign interest in protecting design assets in one of Asia’s most dynamic markets for manufacturing and retail.   As consumer tastes evolve and visual identity becomes a powerful sales driver, furniture designers need to protect what sets their products apart: shape, contours, lines, textures, and aesthetics.   Tips to Get Your Furniture Design Approved   Despite the growing support for design protection, improperly submitted applications are still rejected, often due to technical errors in how the design is presented. The Directorate General of Intellectual Property (DGIP) has strict guidelines for how Industrial Design applications should be illustrated.   If you’re filing a furniture design (or any large, 3D product), follow these 8 key visual submission rules to avoid costly rejections:   Avoid Mixed Features Don’t combine multiple styles, colors, or versions in a single design submission.  Use a Neutral Background Design representations must be shown on plain, uncluttered backgrounds — no textures, shadows, or staging. Exclude Irrelevant Elements Only the intended design should appear. Remove props, logos, or any decorative items not part of the design. Submit One View Per Image Provide one clear view per image: front, back, left, right, top, bottom, and perspective. No composites or collages. Upload Magnified Views Separately If you include zoomed-in details, upload them as individual images, not overlays. Disclaim Unregistered Features If some elements of your design aren’t meant to be protected, disclaim them consistently across all views. Show the Full Product Too If you’re submitting disassembled components (e.g., parts of a modular chair), include a full assembled version. For 2D Patterns, Show Them Alone If your design is a surface pattern (e.g., wood grain or textile texture), don’t show it applied on furniture — submit it as a stand-alone flat image.   Bottom Line: If It Has Shape, It Can Be Filed Whether you’re a boutique design studio or a global interior brand, protecting your creations in Indonesia gives you more than just legal peace of mind — it gives you the competitive edge. With over 270 million potential customers and a vibrant, design-conscious market, the value of your visual IP only increases over time.   Have a new piece ready for market? Make sure your design documents are clean, compliant, and enforceable — before someone else copies your style.   Need help filing your design in Indonesia? Book a free 15-minute call with a registered Industrial Design consultant and ensure your design meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Top 3 Mistakes Foreigners Make When Filing Industrial Designs in Indonesia - AFFA IPR

Top 3 Mistakes Foreigners Make When Filing Industrial Designs in Indonesia

Intellectual Property, Industrial Design

Filing an Industrial Design in Indonesia may look simple, but even small missteps can lead to rejection—or worse, invalidate your rights after registration. For foreign applicants entering the Indonesian market, understanding what not to do is just as important as knowing the process.   Here are the top three mistakes we see most often—and how to avoid them:   Submitting Low-Quality or Blurry Images In Indonesia, clear and precise visual representation is the foundation of your Industrial Design protection. The Directorate General of Intellectual Property (DGIP) requires at least seven views of your design—front, back, left, right, top, bottom, and perspective. If the images are pixelated, low-resolution, or fail to reflect the design’s features accurately, your application will likely be rejected. Tip: Use high-resolution, black-and-white line drawings with no background noise. Avoid shadows, gradients, or photographic textures. Your images must clearly define the form, not confuse it. Including Functional Features in the Design Indonesia protects the appearance, not the function, of a product. If your design focuses on aspects driven purely by function (e.g., grooves, openings, or mechanisms necessary for the item to work), it may fall outside the scope of Industrial Design protection. The DGIP strictly excludes any design elements that are dictated solely by function. Including such elements can lead to rejection or later invalidation if challenged. Tip: Before filing, ask yourself: “Could this shape be different and still work the same?” If the answer is no, that feature likely won’t qualify. Filing After Public Disclosure—Without Knowing the Grace Period Rules Many foreign applicants mistakenly believe that any public disclosure automatically voids their ability to protect a design in Indonesia. While Indonesia does have strict novelty requirements, the law also provides a 6-month grace period for certain types of disclosures. Under Indonesian law, a design is considered novel only if it has not been made available to the public anywhere in the world before the filing or priority date. However, there are two exceptions: If the design was displayed at a nationally or internationally recognized exhibition, or If the design was disclosed by the designer themselves for education, research, or development purposes. In these cases, you still have up to 6 months to file your application without losing novelty. Tip: If you’ve already shown your design to the public, act fast. Check whether your situation qualifies for the grace period and file within six months—or risk permanent loss of rights.   Clean Up Your Designs Before You File   With rising interest in Indonesian design protection from global brands, getting it right the first time matters more than ever. A rejected or invalidated design not only costs time and money—it can expose your product to copycats in Southeast Asia’s biggest market.   Need help filing your design in Indonesia? Book a free 15-minute call with a registered Industrial Design consultant and ensure your design meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Not Just Batik: Why Industrial Design is the Hidden Gem of IP in Indonesia - AFFA IPR

Not Just Batik: Why Industrial Design is the Hidden Gem of IP in Indonesia

Intellectual Property, Industrial Design

When people think about Intellectual Property (IP) in Indonesia, their minds often go straight to Batik—a traditional cultural expression protected under Copyright. But beyond the cultural spotlight lies a vastly underappreciated and highly strategic asset in IP: Industrial Design.   Despite its growing importance, Industrial Design protection in Indonesia remains largely overlooked by creators, businesses, and even international investors. That’s a major missed opportunity, especially considering Indonesia’s growing importance in global trade and IP.   Industrial Design: More Than Just Aesthetic Appeal   An Industrial Design protects the visual appearance of a product—its shape, pattern, lines, contours, colors, or any combination thereof. It’s not about functionality, but about form. If you’ve created a distinctive bottle shape, a shoe silhouette, a furniture design, or unique packaging, it may qualify for protection under Industrial Design law.   In today’s consumer-driven world, where visual differentiation drives value, protecting these design elements is crucial.   The Untold Fact: Indonesia Is Quietly Active   Indonesia is not a passive player in industrial design. Since 2017, the country has consistently recorded over 2,000 industrial design applications annually, reflecting a healthy and growing awareness of design protection.   In fact, by 2022, filings reached a record high of 3,533 applications, indicating rising activity from both domestic and foreign applicants. This trend highlights how businesses are starting to treat design not just as an aesthetic enhancement, but as a strategic asset worth securing in Indonesia.   Foreign filings have also increased steadily, signaling that Indonesia is gaining global recognition not only as a major consumer market but also as a jurisdiction with valuable IP infrastructure.   Why Indonesia Attracts Design Filings   One reason behind the steady interest in Indonesia’s Industrial Design system is its clear and straightforward protection regime. An industrial design in Indonesia is protected for a fixed term of 10 years from the filing date, without the need for renewals. While this duration is standard compared to many jurisdictions, it offers legal certainty for businesses during a product’s most commercially active years.   Combined with Indonesia’s growing consumer market and increasing awareness of IP enforcement, this makes the country an attractive destination for securing design rights, especially for fast-moving consumer goods, packaging, and lifestyle products.   When Copyright Is Not Enough   Creators in Indonesia often wonder whether their work should be protected under Copyright or Industrial Design. The distinction can be subtle but important.   Take Batik motifs used in modern fashion products as an example. While the motif itself may be protected by Copyright, if it’s applied to mass-produced products and serves a commercial, aesthetic function, Industrial Design registration might provide stronger and more enforceable protection.   The same applies to everyday consumer items: phone cases, kitchenware, footwear, automotive parts, or cosmetic packaging—if it looks unique, it should be protected.   Securing Design in Southeast Asia’s Largest Market   With over 270 million people, Indonesia is Southeast Asia’s largest consumer market. Any successful product design that hits the market is bound to be imitated. Without proper protection, you risk losing your product’s most valuable differentiator—its visual identity.   Registering your Industrial Design gives you exclusive rights to prevent others from using, selling, or reproducing the same or similar designs. It also provides a solid legal foundation for enforcement in case of infringement.   If you’re expanding into Southeast Asia and want to secure your product’s visual identity in one of its most dynamic markets, Industrial Design protection in Indonesia is a smart first step.   Book a free 15-minute call with a registered Industrial Design consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Discover 6 Intellectual Property Potentials in Padel - AFFA IPR

Discover 6 Intellectual Property Potentials in Padel

Patent, Intellectual Property, Trademark, Copyright, Industrial Design

Padel is experiencing rapid growth in Indonesia. Over the past few years, it has captured the attention of various groups — from sports communities and entrepreneurs to celebrities. Its popularity is reflected in its inclusion in PON XXI 2024 (National Sports Week) held in Aceh – North Sumatra, as well as in several tournaments held in Indonesia, including the Asia Pacific Padel Cup 2024 and Padel Pro Open 2025.   Padel was first created in 1969 in Acapulco, Mexico, by Enrique Corcuera. He modified a squash court at his home by adding walls and elements from tennis, creating a new game called “Paddle Corcuera.” This new game quickly attracted the attention of his friends, including Alfonso de Hohenlohe, who later introduced padel to Marbella, Spain in 1974 and built two courts there. From Spain, padel spread to Argentina (1975) and continued to grow in popularity across Europe and Latin America. In 1991, the Federation International de Padel (FIP) was established in Madrid, Spain, to regulate and promote the sport globally.   As the padel ecosystem continues to grow in Indonesia, various elements — such as tournament names, logos, racket designs, court technology, training strategies, and merchandise — are becoming strong identity markers with commercial value. All of these should and can be protected through various forms of Intellectual Property (IP) rights, so that all parties involved can benefit while supporting a more sustainable padel ecosystem.   Here are several relevant and potential IP categories in the world of padel:   Trademark Names of padel clubs, logos, slogans, tournaments, courts, training academies, apparel, padel balls, rackets, or other equipment should be protected to avoid the use of identical or confusingly similar names. These should be registered as Trademarks, which offer protection for 10 years and can be renewed indefinitely. Industrial Design The visual designs of rackets, special padel shoes, and uniquely styled tournament uniforms can be protected as Industrial Designs, with a protection period of up to 10 years. Patent This category includes technological innovations in racket materials or structure, automated digital scoring systems, training sensors, and unique portable padel court construction features. Such innovations can evolve continuously and offer local manufacturers or innovators a competitive edge. Copyright Promotional content such as tournament highlight videos, music, event posters, digital graphics, and training modules or documented game strategies is automatically protected under Copyright. However, formal recordation is recommended to strengthen legal proof of ownership. Trade Secret This category includes exclusive training techniques used by padel coaches, business strategies or community management models, and even recipes or formulas for sports nutrition products used by a club. Trade Secrets do not require registration but must be kept confidential to remain protected. Licensing & Franchising Business models such as court rentals, expansion of padel club branches, licensing tournament names for use in other cities, or even launching padel-themed café franchises can be governed through licensing or franchise agreements, and can be officially recorded to secure legal protection and expand commercial benefits.   Ultimately, padel is a fun sport and a gateway to economic opportunities through Intellectual Property assets. Business actors and padel communities must understand that the innovation, creativity, and identity they build today can become sustainable business value — if properly managed and protected. Should you need further information about registering and protecting Intellectual Property in the padel sport, feel free to contact us at [email protected].

Fighting IP Crimes: Indonesia's IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods! - AFFA IPR

Fighting IP Crimes: Indonesia’s IP Office Task Force Destroys IDR 5.35 Billion Worth of Counterfeit Goods!

Event, Intellectual Property, Trademark, Industrial Design1 Comment

The Indonesian Intellectual Property (IP) Task Force, a cross-ministerial special task force of the Republic of Indonesia, consists of the Directorate General of Intellectual Property (DGIP), the Directorate General of Customs and Excise (DGCE), the National Agency of Drug and Food Control (BPOM), the Ministry of Communication and Digital (Komdigi), the Criminal Investigation Department (Bareskrim) of the National Police, and the National Cyber and Crypto Agency (BSSN). On December 12, 2024, the task force symbolically destroyed a number of products associated with violations of 12 Trademarks and Industrial Designs.   During a press conference, the Director General of Intellectual Property, Razilu, stated: “This destruction serves as a strong message from the DGIP that there is no room for Intellectual Property violations in Indonesia.”   At least three key messages were conveyed through the destruction of these products: Deterrence: To provide a deterrent effect on offenders, ensuring they refrain from committing further violations. Both civil and criminal legal actions can be enforced against them. Creator and Owner Protection: To assure creators and IP owners that their works are protected, fostering an environment where they can continue innovating. Public Awareness: To urge the public never to buy counterfeit or fake goods at low prices, as these products can adversely affect health, employment, and the environment.   The destroyed products, valued at IDR 5.35 billion, included the following: LEGO (toys): Worth over IDR 1 billion, from 110 items. Comotomo (baby bottles): Worth over IDR 500 million, from 888 items. Mimi White (hand and body lotion): 216 items. MT NG Shan (drill bits): 2,000 pieces. Louis Vuitton (women’s bags, wallets, and belts): 10 items. Christian Louboutin (women’s shoes): 2 pairs. Tokai (lighters): 5 boxes. Orion Choco Pie (snack/biscuits): 50 boxes. Honda (spare parts): 30 boxes. Honda (generators): 30 units. Harley Davidson (apparel accessories, umbrellas, and wallets): 600 items. Food Packaging (Industrial Design): 30 boxes.   It is important to note that the products classified as IP violations are not limited to counterfeit goods but also include goods illegally entering the Indonesian market. Under the law, smuggled goods that bypass official channels, fail to adhere to applicable import procedures, and are subject to objections by the official license holders of the relevant trademarks are subject to enforcement actions.   Given the complex and extensive scope of IP  violations, cross-sector enforcement is required. The specific roles of the involved institutions are as follows: DGIP: Monitoring, supervision, preventive measures, mitigation strategies, and enforcement of IP laws. DGCE: Addressing the importation of goods suspected of infringing IP rights. BPOM: Managing the distribution of food and pharmaceutical products that are suspected of infringing IP rights and endangering public health and the environment. Komdigi: Handling complaints and requests for blocking websites related to goods and/or services deemed to violate IP rights. Bareskrim Polri: Coordinating communication and collaboration for law enforcement from the central office to its units across Indonesia. BSSN: Monitoring IP violations in cyberspace and assisting in handling IP infringements that occur in the digital realm.   You might also want to read: Unraveling the Global Complexity of IP Crime: Money Laundering and More!   Each year, the average number of reports on IP violations is around 50 cases, with the majority involving Trademark, Industrial Design, and Copyright infringements. The active role of Komdigi has also significantly contributed to blocking 414 websites infringing Copyrights based on 16 requests. However, considering that the IDR 5 billion in damages mentioned earlier came from only 12 cases, this can be seen as just the beginning or the tip of the iceberg in the enforcement of IP laws in Indonesia.   Therefore, the participation of the five key components of the nation—Government, Academics, Private Sector, Society, and Media—is expected to continue supporting efforts to create a better Intellectual Property climate in Indonesia.   With increasing public awareness of the importance of Intellectual Property, there will also be positive impacts on the national economy and Indonesia’s investment climate in the global arena.   Should you need more information regarding Trademark protection and other Intellectual Property matters in Indonesia and abroad, feel free to contact us via email at [email protected].

Protecting a Giant: Why Godzilla Needs Both 3D Mark and Industrial Design Status

Intellectual Property, Trademark, Industrial Design

This November, one of Japan’s oldest Intellectual Property (IP) assets celebrates its 70th anniversary. First introduced as a movie in 1954, Godzilla has since starred in over 40 films and animated series, and its Trademark is protected in more than 30 countries worldwide.   As a giant mutant lizard with many variations, its likeness has also been immortalized in various toys and merchandise, often registered as Industrial Designs to protect them from counterfeiting. However, since Industrial Design protection has a limited duration, Toho, the owner of Godzilla’s IP, has also registered it as a 3D Mark.   What’s the difference? What are the advantages compared to Industrial Designs? Here’s the answer…   Aesthetic Value vs. Distinctiveness   Based on its definition, Industrial Design protects the aesthetic aspects or appearance of a product, such as its shape, pattern, or configuration, which give it a distinctive impression. The focus is on visually appealing elements rather than brand identity. Therefore, Industrial Designs protect the unique design of vehicles, household appliances, and, of course, toys.   On the other hand, a 3D Mark is a mark that protects the three-dimensional shape of a product used to distinguish the goods or services of one party from another. Examples include the Coca-Cola bottle, Lego bricks, Ferrari’s prancing horse, and the PS5 console.   The differences, as well as the advantages and disadvantages of Industrial Designs and 3D Marks, can be summarized in the following table:   Industrial Design 3D Mark Focus of Protection Protects the aesthetics or visual appeal of a product. Protects the identity and function of a Trademark in commerce. Duration of Protection Limited duration, typically 10-15 years, depending on the regulations in a given country. Unlimited duration as long as it is renewed periodically every 10 years. Registration Process & Criteria Must be new and unique in its design. Requires evidence that the shape has a distinctive character and is recognized by consumers as a Trademark. A 3D Mark cannot be registered if the shape has functional value. Advantages The registration process is relatively simpler and quicker. Protection can last indefinitely with periodic renewals. Disadvantages Protection is limited to aesthetic aspects, and the duration cannot be extended. The registration process is more complex and requires significant evidence of use to demonstrate distinctiveness in the market.   Godzilla Needs Longer Protection   From the table above, we can understand why IP assets as old as Godzilla still seek longer protection. Especially considering the increasing hype surrounding Godzilla after winning the 2024 Academy Award/Oscar for Best Visual Effects. This success could lead to an increase in counterfeit products and toys by irresponsible parties.   According to Yahoo Japan and a decision by the Japanese court, Toho’s attempt to register one of Godzilla’s variants, Shin Godzilla, as a 3D Trademark began as early as October 2019. However, after a lengthy process, the Japan Patent Office (JPO) issued a final rejection in March 2024, stating that the registered Godzilla shape was too generic and lacked sufficient distinctiveness.   Toho subsequently filed an appeal in May, emphasizing that the Shin Godzilla design has a strong distinctive character and is widely recognized by the public. This was followed by a review of submitted evidence, including the popularity of Shin Godzilla as a character, its use in various products, and public recognition of the shape as a unique identity, by the court.   3D Mark Shin Godzilla – Application No.: 2020-120003   Finally, on October 30, 2024, the court overturned the JPO’s decision and declared that the 3D shape of Shin Godzilla possesses sufficient distinctiveness and is eligible to be registered as a 3D Mark. The court emphasized that the popularity and widespread recognition of the Shin Godzilla character added significant value to the assessment of its distinctiveness.   As a result, Shin Godzilla has successfully secured the opportunity to get unlimited protection.   This ruling sets an important precedent for 3D Mark protection in Japan, particularly for the entertainment industry and consumer products that rely on unique characters or designs as their brand identity. Previously, iconic characters were typically protected through copyright for creative works, and their names or logos as Trademarks. Now, these characters can also be protected as 3D Marks if proven to have distinctiveness and public recognition as a source identifier.   This strengthens Intellectual Property protection for iconic characters through a layered and complementary approach, depending on the context of their use. Should you need further information regarding trademark registration and protection in Indonesia or worldwide, please contact us via email: [email protected].