Amendment to Law No. 31 concerning Industrial Design

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Legal protection for Industrial Design in Indonesia is currently regulated in Law No. 31 Year 2000 concerning Industrial Design. In practice, the law still has several weaknesses which include:

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Substance Aspect

The weaknesses of the substance aspects are among others related to industrial design terms, objects of industrial design rights, requirements for granting industrial design rights, applications for registration of industrial designs, exclusive rights, previous users, implementation of industrial designs by the government, revocation of industrial design registration by the Minister, and so on.

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Registration Procedure

The weaknesses of the registration procedure aspect are among others related to the Granting of Rights without Substantive Examination and the Industrial Design Protection System.

The current weakness of the substance of the

 in practice opens up of opportunities and is widely used by applicants who have bad intentions who deliberately register industrial designs that no longer have the element of "novelty".

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Law

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nforcement

The weakness of the law enforcement aspect of which are related to unestablishment of the Appeal Commission of Industrial Design as a independent special agency which has the duty and authority to examine the denial of registration of industrial design that is substantive, namely to the application for industrial design rights and provisions of the sanctions which must be distinguished between the infringement right caused by the substance of industrial design which is "the same as a whole" and the "similar" industrial design registered for commercial purposes.

Therefore, it is necessary to make changes to the old

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TARGETS WHICH WANT TO BE REFLECTED:

1. To replace Law No. 31 of 2000 with a new law to suit the needs in the practice of industrial design protection in Indonesia and also to the development of industrial design in the future.

2. Anticipating challenges and opportunities, especially facing the ASEAN single market, where each country including Indonesia must have an Indonesian product design identity to be able to compete with industrial design products from other countries. Substitution of the

 must contain a clearer and stricter substance in order to achieve legal certainty.

THE SUBJECT OF REGULATED MATERIALS

A. Definition of Industrial Design,

B. Industrial Design that can get  protection,

C. Industrial Design that cannot get protection ,

D. Protection Period,

E. Industrial Design Rights Holder,

F. Application for Industrial Design Registration,

G. Type of Application for Industrial Design,

H. Administrative examination,

I. Substantive examination,

J. Criminal Provisions and Transitional Provisions.

· Sanctions are stated for their actions, conditions of the substance and reference to the article 

· The amount of fines is increased to one billion rupiah 

· Penalties and imprisonment for violations that are "the same as a whole" (one billion rupiah/4 years) are heavier than the "similar" (seven hundred million rupiah/3 years).

· Criminal action of ID rights violation à complaint offense.

In the preparation of the new DI Law, several additional provisions are proposed:

A. Industrial Design Appeals Commission,

B. Protection of Industrial Design Rights through Registration and Without Registration,

C. Implementation of Industrial Design Rights by the Government,

D. Exclusion of the Right to Industrial Design

E. Previous User

F. International Registration

G. Implementation of Rights and Licenses,

H. Revocation of Rights,

I. Documentation and information service for Industrial Design,

J. Criminal act of Violation of Industrial Design Rights

K. Procedure of Dispute Settlement,

L. Procedure of Provisional Determination,

M. Transitional Provisions and

N. Additional Provisions.

SCOPE AND DIRECTION OF REGULATION

The scope and direction of the regulation of the replacement of Law No. 31 of 2000 is to accommodate the problems that arise in relation to administrative procedures, registration of industrial designs, and enforcement of industrial design rights. In addition, the changes also aim to be able to accommodate input from the public relating to legal protection and the certainty of the scope of protection of industrial design rights. Wherein this is in accordance with the national legal development planning system.  

Bibliography:

- Industrial Design Laws No. 31 year 2000.

- Finalisation of Industrial Design Laws draft – Indonesian IP Office

- Industrial Design Law’s Revision – Agung Damarsasongko, Indonesian Copyright & Industrial Design Directorate.

Provided by Chamelia Sari at Prawiranegara International Patent & Trademark Law Office