In 2023, the government made many changes and adjustments to IP laws, such as the Patent Law and the Industrial Design Law. This article will thoroughly discuss the purpose of the changes and compare the still valid Industrial Design Law and the later application of the Industrial Design Bill. Check out this article to get insights on developing the Industrial Design law in Indonesia.
Overview of Industrial Design Law
The Industrial Design Law currently in force in Indonesia is Law No. 31 of 2000 concerning Industrial Design. Industrial Design is one of the IP legal regimes that protect creations about the shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in the form of three dimensions or two dimensions that give an aesthetic impression and can be realized in a three-dimensional pattern and can be used to produce a product, goods, industrial commodities, or handicrafts.
The Industrial Design Law protects designers who are a person or several persons who produce industrial designs. With the Industrial Design Law, the designers will get exclusive rights granted by the Republic of Indonesia over their creations for a certain period to carry out themselves or give their consent to other parties to carry out such rights.
The Purpose of the Industrial Design Bill
The amendment to the Industrial Design Law is designed to facilitate and make it easier for IP owners to obtain legal protection for the works that have been produced. Quoting from the DJKI website, Tommy Tyas Abadi, Associate Industrial Design Examiner of DGIP, said that the purpose of the Industrial Design Bill is to facilitate and facilitate the public in obtaining legal protection regarding Industrial Design. The Industrial Design Bill is expected to increase design applications due to a faster registration system and the adoption of a recording system.
Rizki Harit Maulana, an Intermediate Industrial Design Examiner, stated that the Industrial Design Bill was designed to increase effectiveness in implementing the Industrial Design system. “This bill is useful to harmonize with the development of Industrial Design in the international arena and create a climate that further encourages creation and innovation in the field of Industrial Design as part of the IP system,” said Rizki.
Comparison between the Industrial Design Law and the Industrial Design Bill
1. Increased Guarantee of Legal Certainty
This bill also provides more legal certainty because it has two criteria that can distinguish designs, namely the same and significantly similar, so as not to harm good faith designers in producing their work.
2. Accommodate International Registration
Tommy said that the Industrial Design Bill that will be drafted will accommodate the registration of industrial designs internationally through the ratification of the Hague Agreement. It will make local designs go international more easily.
3. Criteria for Industrial Design Protection Objects
Government also added that related to the main points of change in Industrial Design, one of them is Industrial Design that does not get protection. The Industrial Design Bill will also explain what kind of Industrial Design does not get protection, for example, Industrial Design, which is a folklore or traditional cultural expression contrary to the laws and social norms and submitted by the applicant who has bad faith.
The changes to this law will undoubtedly require many adjustments in its implementation. Therefore, you must consult a legal expert before taking legal steps for your company.
Am Badar & Am Badar, a specialized Intellectual Property law firm from Indonesia established in 1965, has IP services that are reliable and adaptive to change, as our commitment to be “The Most Reliable and Comprehensive IP Law Firm in The World.” We can provide good IP services as a solution to the legal steps you need. If you believe that Indonesia is one of your destination countries to register your intellectual property rights, please do not hesitate to contact us via ambadar@ambadar.co.id
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