Brief Overview of Proposed Changes to Indonesia’s Industrial Design Law
Indonesia is taking significant steps towards enhancing its intellectual property (IP) framework, particularly in the realm of industrial design. On November 13, 2023, the Directorate General of Intellectual Property (DGIP) under Indonesia’s Ministry of Law and Human Rights organized an offline workshop to discuss proposed amendments to the Industrial Design Law. This workshop aimed at socializing the forthcoming changes, which promise to bring notable improvements to the country’s industrial design protection regime.
Key Amendments
Highlighting key changes to Indonesia’s Industrial Design Law, the proposed revisions aim to refine and clarify various aspects of the existing framework. The definition of industrial design is clarified, emphasizing its role in shaping the external appearance of products and its eligibility for protection in two or three dimensions, either in whole or in part.
Under the revised registration system, a departure from the current 10-year nonrenewable protection period is proposed. Instead, the draft law suggests a 5-year protection duration, extendable for up to two additional five-year terms.
Introducing a novel recordal system, particularly beneficial for designs with a short commercial lifecycle like textile products, the proposed changes allow for a protection period of three years from the initial publication. Designs recorded under this system can transition to registered design applications within 12 months from their first publication.
The draft law explicitly outlines categories of nonregistrable industrial designs, including those lacking aesthetic impression, serving purely functional purposes, representing undeveloped folklore or cultural expressions, violating laws or public order, and those filed in bad faith.
Consideration of international design applications is part of the revised law, with specific application requirements pending clarification. Discussions on potential ratification of the Hague system for international applications are underway within the Indonesian government.
A significant enhancement includes the establishment of the Industrial Design Appeals Commission at the Directorate General of Intellectual Property (DGIP), providing a dedicated platform for addressing objections, corrections, and appeals related to industrial design rights. This aims to streamline the resolution process and reduce the burden on commercial courts.
The proposed law empowers the government to enforce industrial design rights in the interest of national defense or security, with a commitment to providing reasonable compensation to rights holders.
A noteworthy inclusion in the proposed amendments is the recognition of industrial design rights as eligible objects for fiduciary guarantee, presenting new possibilities for leveraging these rights in various financial arrangements.
The overarching objective of these proposed amendments is to align Indonesia’s industrial design system with international standards, fostering an environment that supports creativity and innovation. By effectively addressing current challenges and introducing forward-looking measures, the draft law is poised to enhance Indonesia’s ability to safeguard industrial design rights. Anticipated to conclude by the close of 2024, the ongoing discussions surrounding these amendments mark a significant milestone in the evolution of Indonesia’s intellectual property landscape.
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