| 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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