Definition of Industrial Design
Industrial Design shall mean 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 Designs that are Granted Protection
The Right to Industrial Design shall be granted for an Industrial Design that is new.
An Industrial Design shall be deemed new if on the Filing Date such Industrial Design is not the same as any previous disclosures.
The previous disclosure as referred to in paragraph (2) shall be one which before:
a. the Filing Date; or
b. the priority date, if the Application is filed with Priority Right
c. has been announced or used in Indonesia or out side Indonesia.
Industrial Designs that are not Protected
The Right to Industrial Design shall not be granted if an Industrial Design is contrary to the prevailing laws and regulation, public order, religion, or morality.
- Any person who deliberately and without rights commits any acts as referred to in Article 9 shall be shall be sentenced to imprisonment of at most 4 (four) years and/or a fine of at most Rp300,000,000.00 (three hundred million rupiahs).
- Any person who deliberately commits any acts as referred to in Article 8, Article 23 or Article 32 shall be sentenced to imprisonment of at most 1 (one) year and/or a fine of at most Rp45,000,000.00 (forty five million rupiahs).