INDUSTRIAL DESIGNS

GENERAL PROVISION

• Industrial design shall be creation of form, configurations or composition of lines or colors, or lines and colors, or combination thereof in the form of three dimensions or two dimensions which give aesthetical impressions and can be manifested in three- dimensions or two dimensions patterns and can be used for producing certain products, goods, industrial commodities handicrafts.
• Designers shall be somebody or several people producing industrial designs.
• Industrial design rights shall be exclusive rights granted by the State of the Republic of Indonesia to designers in connection with results of their creations for a specified period to exercise the rights by themselves or approve other parties to do so.
• Proxies shall be consultants of Intellectual property rights as stipulated in this law.
• Consultant of Intellectual property rights shall be the person having expertise in the field of Intellectual property rights and specially providing services in the field of submission and settlement of applications for patent, trade marks, industrial designs and other fields of Intellectual property rights and being registered as consultants of Intellectual property rights at the Directorate General.
• Priority rights shall be the rights of applicants to submit applications originating in countries affiliated with the Paris Convention to obtain recognition that the date of receipt submitted to destination countries, which are also members of the Paris Convention or the Agreement Establishing the World Trade Organization, is the same as the date of receipt submitted in countries of origin for a period already stipulated on the basis of the Paris Convention.

INDUSTRIAL DESIGNS NOT SECURING PROTECTION

Industrial design rights can not be granted if the industrial designs contravene laws in force, public orderliness, religion and morality.

PERIOD OF PROTECTION OF INDUSTRIAL DESIGNS

• The protection of industrial design rights shall be granted for 10 (ten) years, starting from the date of receipt.
• The date of commencement of enforcement of the protection period shall be recorded in the General List of Industrial Design and announced in the Official Gazette of Industrial Design.

SUBJECT OF INDUSTRIAL DESIGNS.

• Parties entitled to obtain industrial design rights shall be the designers or those receiving the rights from the designers.
• In the case of designers consisting of several people collectively, the industrial design rights shall be granted to them collectively, unless otherwise  stipulated in agreements.
• In the case of industrial designs being produced under official relations with other parties within their work environment, holders of the industrial design rights shall be design are worked on, unless there are agreements between both parties without reducing rights of designers, in the case of the use of the industrial designs being expanded  beyond the official relations.
• The provision shall also apply to industrial designs produced by other people on the basis of orders made under official relations.
• In the case of industrial designs being produced under working relations or on the basis of orders, parties producing the industrial designs shall be considered designers and holders of rights to the industrial design, unless the two parties make a different agreement.

SCOPE OF RIGHTS

• Holders of industrial designs rights shall have exclusive rights to exercise that they own and to prohibit other parties from making, using, selling, importing, exporting and/or distributing goods given industrial designs rights without their approval.
• Users of industrial designs in the interest of research and education shall be excepted from the provision as long as they inflict no loss on reasonable interests of holders of industrial designs rights.

THE TRANSFER OF RIGHTS AND LICENCES

• The transfer of industrial designs rights shall not eliminate rights of designers to retain their names and identities mentioned in both certificates of industrial designs, Official Gazette of Industrial Designs and the General List of Industrial Designs.
• Holders of industrial designs rights shall have the rights to grant the licenses to other parties on the basis of licensing agreements to undertake all actions as meant in the article 9, unless otherwise stipulated by other agreements.

SETTLEMENT OF DISPUTE

• Holders of industrial designs rights or licenses can file lawsuits against whoever intentionally and without right commits the actions, in the form of:
  1. Legal actions for obtaining compensations;
  2. Discontinuation of all actions
• The legal actions shall be submitted to the Court of Commerce.

CRIMINAL  PROVISION

• Whoever intentionally and without right commits the actions such as making, using, selling, importing, exporting and/or distributing goods given industrial designs right shall be subjected to imprisonment of 4 (four) year and/or a fine of Rp.300.000.000.00 (three hundred million rupiah ) at the maximum.
• Whoever intentionally violates the provision in regarding the elimination rights of designers in retaining his/her names and identifying for both certificates of industrial designs, Official Gazette of Industrial Designs and the General List of Industrial Designs mentioned shall be subjected to imprisonment of one  year and/or a fine of Rp.45.000.000.00 (forty five  million rupiah ) at the maximum.
• The crimes as meant in the above mentioned shall be an offense that Warrant complaints.