Industrial design registration in Indonesia

Indonesia possesses many advantages to develop various types of industrial designs in several sectors based on resources, culture, and market demand. Indonesia has a diverse culture with many famous traditional craft villages such as batik, wood carving, silverware, ceramics, rattan and bamboo weaving… The creation of industrial designs in this field contributes to improving the aesthetic value, quality and uniqueness of these products, making a difference in the domestic and international markets. Indonesia is one of the major garment manufacturing centers in the world, with an abundant and highly skilled workforce. The creation and development of unique, innovative fashion designs, combining tradition and modernity will help Indonesian fashion brands affirm their position and expand the market. The demand for household appliances and furniture in Indonesia is increasing thanks to the growth of the middle class and rapid urbanization. The design of a modern, functional design that is suitable for the lifestyle and culture of Indonesians will bring a competitive advantage to products in this field. Therefore, more and more businesses and individuals want to register industrial designs in Indonesia, Viet An Law will guide customers through the article below.

Legal Basis

• Decree No. 01/PM of the Prime Minister on Inventions, Small Inventions and Industrial Designs.

Definition of Industrial Design in Indonesia

In Indonesia, an industrial design is defined as:

“Creativity in shapes, configurations, or combinations of lines or colors, or lines and colors, or combinations thereof, in three-dimensional or two-dimensional form, create an aesthetic impression and can be used to produce products, goods, industrial products, or handicrafts.

In simpler terms, industrial design refers to the aesthetic or decorative aspect of a product that can be replicated by industrial means. It can be two-dimensional (like patterns, lines, or colors) or three-dimensional (like the shape or surface of an item).”

Conditions for Industrial design registration in Indonesia

Novelty: The design must be new, which means that it has not been disclosed to the public anywhere in the world before the filing date. This includes disclosure through publication, use, or any other medium.

Distinctiveness: The design must be distinctive, which means that it creates an overall impression that is different to the knowledgeable user compared to any previous design. This means that the design is not just a variation of the existing design,  but must have unique and distinguishable characteristics.

Industrial applicability: The design must be able to be mass-produced or replicated by industrial means. This means that the design must be technically feasible to produce and not just a theoretical concept.

No functionality: The design is not decided solely by technical or functional considerations. While a design may have functional aspects, its aesthetic characteristics should be the primary focus of the registration.

Not contrary to public order or morality: The design must not be contrary to public order or morality. This means that the design must not be offensive, obscene, or promote violence or discrimination.

Types of industrial designs that can be registered in Indonesia

Two-dimensional designs: e.g. patterns, lines or colors applied on the surface of the product; textile designs, patterns on wallpaper, graphic designs on packaging.

Three-dimensional design: e.g. the shape or configuration of the product or the shape of the bottle, seat or body.

Combining two-dimensional and three-dimensional designs: design examples combine both the surface pattern and the shape of the product, or patterned fabrics are used to upholster chairs, bottles have unique shapes, and label designs.

Industrial Design Search in Indonesia

DGIP eSearch

This is the official online database of the Indonesian General Office of Intellectual Property (DIP). Users can search for registered industrial designs using keywords, application number/registration number, applicant/owner name, or Locarno Classification.

ASEAN DesignView

It is a regional database that allows users to search for industrial designs registered in ASEAN member states, including Indonesia.

DesignView

It is a global database maintained by the World Intellectual Property Organization (WIPO) that provides access to design data from participating offices around the world, including Indonesia.

Industrial Design Registration Dossier in Indonesia

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Fees for Industrial design registration in Indonesia

Application Fee: IDR 400,000

Degree fee (after appraisal and approval): IDR 500,000

Extension fee (every 5 years):

• First renewal: IDR 750,000
• Second renewal: IDR 1,500,000

Industrial design registration services in Indonesia of Viet An Law Firm

• Perform the search and notify customers in writing of the results of industrial design search in Indonesia;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications filed on behalf of industrial design owners in Indonesia;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring industrial design applications in Indonesia;
• Assist in monitoring and representing objections and responding to intellectual property representatives carrying out procedures in Indonesia.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file an application for industrial design registration in Indonesia, please contact Viet An Law Firm for the most effective support.