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DEFINITION
INDUSTRIAL DESIGN means
a creation of shape, configuration or composition of pattern or color,
or combination
of pattern and color in
three dimensional form, which contains esthetic value and can be shaped
into three dimensional or two-dimensional pattern and can be used for
producing a goods product or industrial commodity and handicraft.
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THE PROTECTION COVERAGE
A. Industrial Design
Right coverage: |
(1) Industrial Design
right is given to a new design.
(2) Industrial Design is
deemed new if the data of receipt of the said design distinguish it
from the prior creation.
(3) The prior creation,
as referred to in the point (2) is the creation that precedes:
| a. Date of Receipt |
| b. Date of priority
if the application filed with the right of priority has been
published or used in Indonesia
or
outside Indonesia. |
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B. Designs Excluded
from registration
Designs are excluded from
registration if Industrial Design are contrary to the Laws, public order,
religion or morality.
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PERIOD OF PROTECTION
The protection for registration
of Industrial Design shall be valid for 10 (ten) years as of the filing
date.
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SINGLE APPLICATION
Industrial Design can only
be filed for one application and registration of Industrial Design,
or several
industrial design which
constitutes one unit of industrial designs same class.
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6 MONTHS PRIORITY
An application claiming
the convention priority mush be filed within 6 (six) months as of the
receipt date for
the first time in member
country of the Paris convention or the Word Trade Organization.
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PUBLICATION
Where the Industrial design
application complies with all the formal requirements, the Registrar
will publish it in Official Gazette for Industrial Design, for period
of three months as of the date of receipt.
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OPPOSITION
Since its publication, any
party may file a written opposition or objection with respect to the
substantive matters. The opposition must be filed at least 3 (three)
months as of publication.
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TRANSITIONAL PROVISIONS
Application who has published
an industrial design within 6 (six) months before the effective date
of this Law
may file an application
based on this law.
The said application must
be filed at least 6 (six) since the date of its enforcement into law.
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REQUIREMENT FOR FILING
INDUSTRIAL DESIGN APPLICATION
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Particulars of the application :
1. Full name and address
2. Nationality (be it a
natural person) or detail or incorporation (be it legal entity).
- The full name, address
and nationality of the designer (s)
- Formal drawings or photographs
)minimum size 10 x10 cm, maximum size 20 x 30 cm)
and description
of Industrial design (ten copies).
- A simply signed Power
Attorney.
- A simply signed Declaration
of Ownership
- On claiming a priority,
certified copy of home application and its English translation.
- Where the application
is not the designer(s), a statement explaining the application's right
in respect of the design, e.g. employment, assuagement, etc.
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