Design certificates can also be issued if there is no rejection from a third party

Oct 13, 2025 by wbrum.org 29 views

Introduction

Industrial design, as a form of intellectual property rights (IPR), is a work that has aesthetic value and is protected by Law Number 31 of 2000 concerning Industrial Design. However, legal protection of this design only applies to designs that have been registered with the Directorate General of Intellectual Property Rights. The registration of industrial design is a crucial step in obtaining exclusive rights, which protects the work from the actions of others who without permission to produce, use, sell, import, or distribute products that have obtained those rights.

Background of the Study

The problems raised in this study include how the legal protection efforts can be made by designers against their industrial design work, how the process of registration and cancellation of industrial design in Indonesia by prioritizing the principle of novelty, as well as how the legal protection for exclusive rights holders who find similarities between the design and another registered design, refers to the decision number 07/IPR.DESIN. Industry/2015/PN-Niaga SBY concerning Umbrella Design Disputes. The issue of design equation is a significant problem in the field of industrial design, as it can result in losses for other parties and undermine the exclusive rights of designers.

Methodology

In this study, the theory of legal certainty and legal protection was used. The methodology taken is normative juridical with an analytical descriptive approach, and is sourced from secondary data consisting of primary, secondary and tertiary legal materials. Data collection methods are carried out through literature studies, and data analysis is carried out qualitatively with an emphasis on the deductive method. This approach allows for a comprehensive understanding of the legal protection of industrial design in Indonesia.

Results and Discussion

The results showed that the legal protection of industrial design stipulated in Law Number 31 of 2000 is still inadequate. This can be seen from the many cases in the court related to industrial design, such as the case of design equations in decision number 07/IPR. Design. Industry/2015/PN-Niaga SBY. Even though the design has been registered, there are still other designs that have similarities that result in losses for other parties. This fact reflects that the Directorate General of IPR accepts industrial design registration without checking substantive compatibility as long as the formality requirements are met. Design certificates can also be issued if there is no rejection from a third party.

Conclusion and Recommendation

It is strongly recommended to conduct a deeper substantive check before issuing a design certificate, to ensure that there are no similarities that can harm other exclusive rights holders. Because, in practice, substantive examination is only carried out if there are objections or lawsuits filed to the court. This shows the need for improvements in the industrial design registration system in Indonesia in order to be able to protect designer rights more effectively and reduce legal disputes related to similar design.

Importance of Legal Protection for Industrial Designers

In this analysis, it is hoped that the reader will understand the importance of legal protection for industrial designers and the urgency to improve the mechanism for registration of industrial design to be more fair and prioritize the interests of all parties involved. The legal protection of industrial design is crucial in promoting innovation and creativity, as it provides a secure environment for designers to express their ideas and bring them to market.

Improvement of Industrial Design Registration System

To improve the industrial design registration system in Indonesia, it is recommended that the Directorate General of IPR conducts a deeper substantive check before issuing a design certificate. This can be done by conducting a thorough examination of the design to ensure that it is novel and does not infringe on the rights of other designers. Additionally, the registration process should be made more transparent and accessible to designers, to ensure that they are aware of their rights and obligations.

Conclusion

In conclusion, the legal protection of industrial design in Indonesia is still inadequate, and there is a need for improvements in the industrial design registration system. The Directorate General of IPR should conduct a deeper substantive check before issuing a design certificate, to ensure that there are no similarities that can harm other exclusive rights holders. By doing so, the rights of designers can be protected more effectively, and legal disputes related to similar design can be reduced.

Recommendations for Future Research

Future research should focus on the improvement of the industrial design registration system in Indonesia, including the development of a more comprehensive and transparent registration process. Additionally, research should be conducted on the impact of design equation on the rights of designers and the economy, to better understand the effects of this issue and to develop effective solutions.

Limitations of the Study

This study has several limitations, including the use of secondary data and the focus on the legal protection of industrial design in Indonesia. Future research should aim to overcome these limitations by using primary data and conducting a more comprehensive analysis of the issue.

Conclusion

In conclusion, this study highlights the importance of legal protection for industrial designers and the need for improvements in the industrial design registration system in Indonesia. The Directorate General of IPR should conduct a deeper substantive check before issuing a design certificate, to ensure that there are no similarities that can harm other exclusive rights holders. By doing so, the rights of designers can be protected more effectively, and legal disputes related to similar design can be reduced.

Q1: What is industrial design, and how is it protected?

A1: Industrial design refers to the aesthetic value of a product, and it is protected by Law Number 31 of 2000 concerning Industrial Design. The registration of industrial design provides exclusive rights to the designer, which protects their work from the actions of others who without permission to produce, use, sell, import, or distribute products that have obtained those rights.

Q2: What is the purpose of registering industrial design?

A2: The purpose of registering industrial design is to obtain exclusive rights, which protects the work from the actions of others who without permission to produce, use, sell, import, or distribute products that have obtained those rights. This provides a secure environment for designers to express their ideas and bring them to market.

Q3: What is the difference between registered and unregistered industrial design?

A3: Registered industrial design refers to a design that has been registered with the Directorate General of Intellectual Property Rights, while unregistered industrial design refers to a design that has not been registered. Registered industrial design provides exclusive rights, while unregistered industrial design does not.

Q4: What is the principle of novelty in industrial design registration?

A4: The principle of novelty in industrial design registration refers to the requirement that the design must be new and not similar to existing designs. The Directorate General of IPR checks for novelty before issuing a design certificate.

Q5: What is the process of registration and cancellation of industrial design in Indonesia?

A5: The process of registration and cancellation of industrial design in Indonesia involves submitting an application to the Directorate General of Intellectual Property Rights, which is then reviewed for novelty and other requirements. If the application is approved, a design certificate is issued.

Q6: What is the role of the Directorate General of IPR in industrial design registration?

A6: The Directorate General of IPR is responsible for reviewing applications for industrial design registration and issuing design certificates. They also conduct substantive checks to ensure that the design is novel and does not infringe on the rights of other designers.

Q7: What are the consequences of design equation in industrial design registration?

A7: Design equation refers to the situation where two or more designs are similar, which can result in losses for other parties and undermine the exclusive rights of designers. This can lead to legal disputes and damage to the reputation of the designer.

Q8: How can designers protect their rights in industrial design registration?

A8: Designers can protect their rights in industrial design registration by registering their designs with the Directorate General of Intellectual Property Rights and ensuring that their designs are novel and do not infringe on the rights of other designers. They should also monitor their designs for any similarities or infringements.

Q9: What are the benefits of improving the industrial design registration system in Indonesia?

A9: Improving the industrial design registration system in Indonesia can provide several benefits, including increased protection for designers' rights, reduced legal disputes, and a more secure environment for innovation and creativity. This can also attract foreign investment and promote economic growth.

Q10: What are the next steps for improving the industrial design registration system in Indonesia?

A10: The next steps for improving the industrial design registration system in Indonesia include conducting a deeper substantive check before issuing a design certificate, making the registration process more transparent and accessible to designers, and developing a more comprehensive and transparent registration process. This can be achieved through collaboration between the Directorate General of IPR, designers, and other stakeholders.