Currently the protection of industrial design both nationally and internationally has experienced a very significant development. This can be seen from the emergence of various types of industrial products that are rapidly changing and unique in the shape. Protection of industrial design rights actually has a close correlation with the increase in designer creation that can make a major contribution, both for designer and the country.
But in practice, there are still many industry players who are not aware of the importance of Industrial Design Registration and it turns out that industrial Designers have not fully utilized the protection of industrial designs as intangible assets that can advance business or industrial players.
Protection of industrial design is carried out to protect all Indonesians, advance public welfare, educate the nation’s life and participate in carrying out world order as stated in the opening of the 1945 Constitution of the Republic of Indonesia in the fourth paragraph as positive law in Indonesia.
Indonesia is a member country of the World Trade Organization (WTO), where the provisions of Intellectual Property or Industrial Design in Indonesia must adjust to the provisions of the Trade Related Aspects of Intellectual Property Rights (TRIPs). This TRIPs Agreement is a guideline for its member countries including Indonesia to implement the rule in its national legislation.
To adjust the TRIPs provisions, it is usually known as the Free to Determine Principle, which means that the provisions give freedom to its members to determine a method deemed appropriate for applying the provisions contained in the TRIPs-WTO agreement into the legal system (national law).
It not only fulfills international interests, but also pays attention to their national interests, so that the harmonization of the two interests must be carried out simulative.
Amendment to Law No. 31 year 2000 concerning Industrial Design aims to adjust the needs of industrial design in Indonesia, bearing in mind the Industrial Design Law of 2000 there are still weaknesses and are not in accordance with the development of society today and in the future.
Bill on Industrial Design has also been included in the 2015-2019 National Legislation Program (Prolegnas 2015-2019) or Priority Prolegnas in 2019 as amendments to Law No. 31 Year 2000 concerning Industrial Design.
In this case, there are several main changes to Law No. 31 Year 2000 concerning Industrial Design, including changes in the Definition of Industrial Design, Period of Protection of Industrial Designs, Prior User, Industrial Design Registration System, Appeals Commission, Legal Remedies, Complaints, International Registration of Industrial Designs (Hague Agreement), Responsibilities Owner of a Shopping Center or Mall (Landlord Liability), Industrial Design Violation Prevention System and Electronic Systems.
With the amendment to Law No. 31 Year 2000 concerning Industrial Design, it is expected that the rules on Protection of Intellectual Property Rights in Indonesia, particularly Industrial Designs, are able to follow development of International Industrial Design Agreement, namely the Geneva Act of the Hague Concerning the International Registration of Industrial Designs 1999 (Hague Agreement).
Directorate General of Intellectual Property (DJKI), the Ministry of Law and Human Rights (Kemenkumham) declared 2019 as the Year of Industrial Design. This is the focus of the DJKI in making the public aware of the importance of protecting Intellectual Property, especially towards Industrial Design.
As stated by Dr. Freddy Harris, ACCS. as the Director General of Intellectual Property during “Diskusi dan Konferensi Pers Pencanangan 2019 Sebagai Tahun Desain Industri” in Bandung.
Freddy Harris said that “To be developed country, this nation needs to utilize intellectual property that has competitiveness in the industrial sector, one of which is through Industrial Design. There are many industrial design potentials produced by the Indonesian people, originating from individuals, Micro, Small and Medium Enterprises (MSMEs), Research and Development Institutions (R&D), and Universities.
Then Freddy Harris also stated that “So we planned this year as the year of Industrial Design in Bandung, because I know, Bandung is a creative city”. With the promulgation of 2019 as the year of industrial design, it is expected that public awareness, especially business actors, will protect industrial design.
With the promulgation of 2019 as the year of Industrial Design, it is better for the public, especially the Industrial Players or Designers to be more aware of the product design they produce. Each country, including Indonesia, must also have the value of characteristics and uniqueness of a product design in order to compete on the international scene, so that the impact will be felt by designers and industry players as well as to increase the economic value of a country, namely Indonesia.
Therefore, it is expected that after the Industrial Design Bill is passed, it will be able to realize a fairer, more effective and legal certainty industrial design. The Industrial Design Bill is of course also expected not to re-regulate existing provisions, but rather to pay more attention to the development of ecosystems that support the progress of industrial players in Indonesia.
- The 1945 Constitution of the Republic of Indonesia
- http://www.dgip.go.id/djki-canangkan-2019-sebagai-tahun-desain-industri, accessed on August 12, 2019