{"id":5956,"date":"2026-04-14T01:36:02","date_gmt":"2026-04-14T01:36:02","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=5956"},"modified":"2026-04-14T01:36:02","modified_gmt":"2026-04-14T01:36:02","slug":"one-vehicle-two-different-brands-which-intellectual-property-rights-may-be-infringed","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2026\/04\/14\/one-vehicle-two-different-brands-which-intellectual-property-rights-may-be-infringed\/","title":{"rendered":"One Vehicle – Two Different Brands: Which Intellectual Property Rights May Be Infringed?"},"content":{"rendered":"

We may already be familiar with the concept of <\/span>ODM (Original Design Manufacturer)<\/b>\u2014a production scheme where a single manufacturer produces identical products in terms of design, which are then marketed under different brands by multiple companies. This phenomenon is commonly seen in electronic products such as chargers, earphones, and smartphones.<\/span><\/p>\n

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However, what happens when a similar practice occurs in far more complex products such as motor vehicles?<\/span><\/p>\n

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Is it possible for two physically identical motorcycles or cars to be sold in the market under different brands? The answer is: yes\u2014but not always legally.<\/span><\/p>\n

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Industrial Design: Protecting the Aesthetic Appearance of Products<\/b><\/p>\n

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In the automotive context, the most critical aspect is not only functionality, but also visual appearance, which is protected under Industrial Design rights.<\/span><\/p>\n

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Industrial Design protection covers shape, configuration, composition of lines or colors, and overall aesthetic impression. This means that if two vehicles share an identical design but are marketed under different brands, the legal conflict may strongly point toward Industrial Design infringement.<\/span><\/p>\n

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Industrial Design Protection Extends to Individual Components<\/b><\/p>\n

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Under Industrial Design law, vehicles are categorized as \u201ccomplex products,\u201d meaning that each visible component\u2014such as bumpers, headlights, or wheels\u2014can be individually registered and protected as separate designs.<\/span><\/p>\n

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As a result, infringement involving a single vehicle may not be isolated, but rather multi-layered. For example, if a party produces a vehicle that appears substantially similar, and:<\/span><\/p>\n

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