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INDUSTRIAL DESIGN

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We help client on aspects related to industrial design application including filing strategy as this will increase the chance of registrability of an industrial design application consisting some designs. Responding to office actions, conducting preliminary search, filing oppositions, cancellations, invalidations, representing client on infringement litigation and appeals, also advising on portfolio management.

The following are the initial information regarding Industrial Design:

What is an Industrial Design ?

Industrial Design is a creation on the shape, configuration, or the composition of lines or colours, or lines and colours, or the combination thereof in a three or two dimensional form which gives aesthetic impression and can be realized in a three or two dimensional pattern and used to produce a product, goods or an industrial commodity and a handy craft.

Industrial Design that are granted a protection ?

The Right to Industrial Design should be granted for an Industrial Design that is new, which it should be deemed new if on the filing date such Industrial Design is not the same as any previous disclosures.

How long is the term of Industrial Design protection ?

Protection for the right of industrial design is granted for a period of 10 (ten) years as from the filing date.

What are the requirements to file an Industrial Design ?

1.   Signed Power of Attorney;

2.   Signed Assignment of Right, if applicant is not the designer;

3.   Signed Declaration;

4.   Specification of Industrial Design;

——-·       Physical example, drawings or photograph (min. size 10 x 10 cm and max. size 20 x 30 cm)

——-·       Description of Industrial Design

5.   Priority document, for application with priority claim.

The procedure of Industrial Design application in Indonesia:

Upon filing an industrial design application, the Directorate General of Intellectual Property (DGIP) will conduct a formal examination for checking the completeness of administrative and physical requirements. 3 (three) months as from the filing date the application will be published in the Official Trademark Journal for the period 3 (three) months for opposition purposes. If no opposition is raised by the other party, the DGIP will issue the certificate of registration. Substantive examination will be conducted on the basis of opposition raised by the other parties in the publication period.

Download Flowchart for Industrial Design Application

Source: Law Of The Republic Of Indonesia No. 31 Year 2000 regarding Industrial Designs

For further information regarding recordal of assignment of industrial design, recordal of change of name and/or address, cancellation of industrial design, license of industrial design, and other matters related to industrial design in Indonesia, including fees for handling industrial design matters, please contact us at: ip@patentrustbureau.com

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