| Regulated in the
Law No. 31 of 2000 concerning the Design. The application of
design registration is to be submitted to the Design Office, Directorate
General of Intellectual Property Rights, Department of Law and Human
Rights of Republic of Indonesia.
1. INTERNATIONAL CLASSIFICATION OF DESIGN
The Indonesian Industrial Design Law adopt the
International Classification on Industrial Design (same as the International
Classification of Industrial Design under the Locarno Agreement).
2. REQUIREMENTS FOR FILING AN APPLICATION FOR THE DESIGN
REGISTRATION
a. Power of Attorney. No legalization is necessary
b. Statement on Ownership of the Design. No legalization is necessary;
c. Assignment duly signed by the designer and the applicant which
has been legalized by the Notary Public;
d. Name, nationality and full address of the applicant (post office
box address not acceptable)
e. Physical sample or drawings or photographs and description of
the industrial design being applied for registration in 4 (four)
sets;
f. Class of International Classification to be covered by the application
(if known);
g. The name of the state and the date of the first application for
registration of the industrial design, where the application for
registration is submitted under the priority right.
h. An application for the industrial design registration under a
priority right must completed the priority document, which must
be submitted at the latest within 3 (three) months after expiry
date of the priority right; In case the priority convention document
is prepared in another language except English, you shall also send
us the English translation (informal translation is also available)
thereof;
3. PROCEDURE OF APPLICATION FOR THE DESIGN REGISTRATION
The procedures for a design registration according to the Design
Law are as follows :
- Filing the application;
- Formal examination for determining the filing date;
- Within a period of at the latest 14 (fourteen) days after the
date of receipt of an application for registration of industrial
design, the Design Office shall announce the application for registration
of industrial design that has fulfilled the requirements. The publication
shall last for 3 (three) months and shall be made by placement in
the Official Report on Design, which is published periodically by
the Design Office.
- During the period of publication, any person or legal entity may
submit objections to an application for registration of the industrial
design concerned, in writing to the Design Office. Objections as
the above may be submitted where there is sufficient reason accompanied
by evidence that the mark which registration is requested is a mark
which on the basis of the Industrial Design Law is unregistrable
or must be rejected.
- Where there is an objection against an application as mentioned
above, the examiner shall conduct a substantive examination. The
Directorate General shall use the objection and the counter that
had been submitted as material for consideration in examining whether
to grant or to refuse the application.
The Directorate General shall be obligated to produce
a decision whether to approve or to refuse the objection as mentioned
above within a period of 6 (six) months at the latest commencing
from the date of the termination of the publication period. The
decision of the Directorate General shall be notified in writing
to the applicant or his proxy at the latest 30 (thirty) days from
the date issue of the decision.
- Meanwhile, where there is no objection against an application
until the termination of the publication period, the Directorate
General shall issue and grant a Certificate of Design at the latest
30 (thirty) days from the date of termination of the publication
period.
The Certificate of Design shall be effective as of the filing date.
5. DURATION
The protection of the Right to Design shall be
granted for 10 (ten) years commencing from the filing date. The
date of commencement of the protection period shall be recorded
in the General Register of Designs and announced in the Official
Gazette of Industrial Designs.
6. CRIMINAL PROVISIONS (Article 54 of the Design Law No.
31 of 2000)
Any person who deliberately and without rights
commits any acts as referred to in Article 9 shall be shall be sentenced
to imprisonment of at most 7 (seven) years and/or a fine of at most
Rp. 300,000,000 (three hundred million Rupiah).
Any person who deliberately commits any acts as
referred to in Article 8, Article 23 or Article 32 shall be sentenced
to imprisonment of at most 1 (one) year and/or a fine of at most
Rp. 45,000,000 (forty five million Rupiah).
The criminal action as mentioned above shall constitute
offense that warrants complaint.
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