INDONESIA LAW AND PRACTICE Contributed by: Agus Ahadi Deradjat (Agung), Gustaaf Reerink, Adri Dharma, Karina Widyaputri and Ilma Sulistyani, ABNR Counsellors at Law
3. Publication – mark is published for a two- month opposition period, during which third parties may file written objections. 4. Substantive examination – DGIP assesses registrability and considers any oppositions. 5. Registration – approved marks are registered and published; a certificate is issued. Foreign applicants must appoint a registered Intellectual Property Consultant. Enforcement includes civil and criminal reme - dies, including damages, injunctions, fines and imprisonment. 7.3 Industrial Design Industrial design rights are governed by Law No 31 of 2000 on Industrial Design. An industrial design refers to a creation of form, configura - tion, or composition of lines or colours – either in two-dimensional or three-dimensional form – that gives an aesthetic impression and can be applied to a product, goods, industrial commod - ity, or handicraft. Protection of industrial design lasts ten years from the filing date and is non-renewable. Industrial Design Registration Process 1. Application submission – filed via DGIP’s online system in Indonesian, including design description, drawings/photos, priority docu - ments (if applicable), and designer details. 2. Administrative examination – DGIP checks for completeness; applicants have three months to rectify deficiencies. 3. Publication – design is published for three months.
4. Opposition period – third parties may file oppositions; applicants may rebut within three months of notification. 5. Substantive examination – DGIP considers oppositions and rebuttals. 6. Registration & certificate issuance – upon approval, DGIP issues a certificate. Foreign applicants must appoint a registered Intellectual Property Consultant. Enforcement includes civil and criminal rem - edies. 7.4 Copyright Copyright is governed by Law No 28 of 2014 on Copyright, which provides automatic protection upon creation, based on the declarative princi - ple. Protection applies once a work is expressed in tangible form. Protected works include: • literary works (books, articles, poetry and scripts); • artistic works (paintings, sculptures and pho - tography); • musical compositions; • films and audiovisual works; and • computer programs and software. Copyright consists of two distinct rights. 1. Moral rights – these are perpetual and remain with the creator, regardless of ownership. 2. Economic rights – these grant the creator or rights holder the ability to commercially exploit the work.
348 CHAMBERS.COM
Powered by FlippingBook