Understanding Industrial Design
Industrial Design according to Law no. 31 of 2000 concerning Industrial Design (UU Desain Industri) is defined as a creation of the shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in three-dimensional or two-dimensional forms that give an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns. dimensions and can be used to produce a product, goods, industrial commodity, or handicraft.
Protected Industrial Design
Based on Article 2 (1) it is stated that the Industrial Design Right is granted for a new Industrial Design.
Then Pursuant to Article 2 (2) it is stated that the Industrial Design is considered new if on the Filing Date, the Industrial Design is not the same as the pre-existing disclosures.
Then, based on Article 2 (3) the meaning of previous disclosure is disclosure of Industrial Designs which before:
receipt date; or
priority date if the application is filed with a priority right.
has been announced or used in Indonesia or outside Indonesia.
Based on the explanation of articles 2 (1) and (2), sometimes in practice, many entrepreneurs promote their products first and then sell their products to the market before the Industrial Design Products are registered. Thus, an industrial design examiner from the IPR Office will usually find the design and state that the design is no-new because it has been sold before being registered. Therefore, entrepreneurs who are going to market their Industrial Design products must first register their Industrial Design before commercializing their products on the market.
Then based on Article 3 of the Industrial Design Law, it is explained as follows:
An Industrial Design is not deemed to have been announced if within a period of 6 (six) months before the Filing Date, the Industrial Design:
has been shown in a national or international exhibition in Indonesia or abroad which is official or recognized as official.
has been used in Indonesia by the designer in the framework of experiments for the purpose of education, research, or development.
Based on Article 3, the designer or designer is given a maximum period of 6 months from the date of the first publication of his work in a national or international exhibition either domestically or abroad and is used for research by the designer, if he will register the Industrial Design in the IP Office. Therefore, if the time is more than 6 months, it will cause the Industrial Design to be no longer new and no longer able to be registered.
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