Indonesian awareness of the importance of protecting Industrial Design has continued to increase in the last five years. This can be seen from the application of Industrial Design registrations, which continues to increase significantly. From 2,319 applications in 2017, it grew to 2,835 in 2019, jumped again to 2,957 in 2021, and peaked in 2022 with 3,533 applications.<\/span><\/p>\n <\/p>\n However, due to the evolution in the world of business and creativity, it is necessary to make changes to the <\/span>Law of the Republic of Indonesia Number 31 of 2000 concerning Industrial Design<\/b> (Industrial Design Law) so that its protection can be better and more relevant <\/span>with the current business practices<\/span>.<\/span><\/p>\n In addition, these <\/span>proposed changes<\/span> will align with international developments in Industrial Design and create a climate that further encourages creation and innovation as part of the Intellectual Property regimes. For this reason, DGIP proposes 8 (eight) main <\/span>changes<\/span> as follows:<\/span><\/p>\n <\/p>\n 1. <\/b>Definition (Article 1)<\/b><\/p>\n Currently, Article 1 of the Industrial Design Law states that Industrial Design is the creation of a form of configuration, or composition of lines or colors, or lines and colors, or a combination thereof in three-dimensional or two-dimensional form which gives an aesthetic impression and can be realized in a pattern, three-dimensional or two-dimensional and can be used to produce a product, industrial commodity or handicraft. However, in its development, a more precise and firmer definition is needed that the object protected through Industrial Design Rights is the <\/span>“outer appearance of the product,” <\/b>which has an <\/span>“aesthetic impression” <\/b>that can be protected in whole or in part of its features, which can be two-dimensional and\/or three-dimensional.<\/span><\/p>\n <\/p>\n 2. Protection System (Article 2)<\/b> <\/p>\n 3. <\/b>Non-Registrable Designs<\/b><\/b><\/p>\n Currently, the rules for non-registrable Industrial Designs are regulated in Article 4 (four) of Industrial Designs, which states that rights cannot be provided if the Industrial Designs conflict with applicable laws and regulations, public order, religion, or morality. However, more rule was added in the new Bill, and the article shifted to Article 6 (six).<\/span><\/p>\n \u00a0<\/b><\/p>\n Non-Registered Industrial Design if it meets one of the following criteria:<\/span><\/p>\n <\/p>\n 4. <\/i><\/b>Landlord Liability\/<\/b> Obligations for Shopping Center Management<\/b> To create a more conducive environment and uphold the enforcement of Industrial Design Rights, shopping center management should not allow the sale and\/or duplication of goods that infringe Industrial Design Rights in their shopping center. <\/span>However, it remains to be seen if the provision also applies to e-commerce sites.<\/span><\/p>\n <\/p>\n 5. <\/b>Exercise of Industrial Design Rights by the Government<\/b><\/b><\/p>\n The Indonesian Government can exercise Industrial Design Rights based on national defense and security interests. Therefore, regulations that currently do not exist in the Industrial Design Law were made to safeguard strategic interests so that the rights remain sovereign and under the control of the Indonesian Government.<\/span><\/b><\/p>\n So the following rules were billed:<\/span><\/p>\n <\/p>\n 6. <\/b>Application from International Registration<\/b> The Hague Agreement, followed by the Geneva Act of 2 July 1999, regulates the mechanism for registering Industrial Designs in several countries through a single application, filed in one language, with one set of fees with a system administrated by the <\/span>World Intellectual Property Organization (WIPO). For this reason, the new bill has been prepared to accommodate ratification and examine the possibility of ratification.<\/span><\/b><\/p>\n <\/p>\n 7. <\/b>Industrial Design<\/b> Board of Appeal<\/b><\/p>\n The proposed change will also regulate the presence of the <\/span>Industrial Design Board of Appeal<\/span>, with the following considerations:<\/span><\/p>\n Furthermore, an Appeal can be submitted against:<\/span><\/p>\n
\n<\/span>Article 2 of the Industrial Design Law currently regulates that Industrial Design will only receive protection after the registration process; however, in the new bill, protection is also possible without going through the registration process simply by recording it. With details of the changes as follows:<\/span><\/strong><\/p>\n\n
\n
\n
\n
\n
\nIt can be extended 2 (two) times every 5 (five) years by paying fees by Article 16 of the Industrial Design Law.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n\n
\n
\n
\n
\n
\n
\n<\/span><\/p>\n\n
\n<\/span><\/p>\n\n