summary
Novelty
Novelty requirement in Indonesia is absolute novelty. However, there are some conditions in which a design shall be considered new even if such design already published before the filing date, if before 6 months before the filing date, such design:
a. has been displayed in a national or international exhibition in Indonesia or overseas that is official or deemed to be official; or
b. has been used in Indonesia by the designer in an experiment for the purposes of education, research or development.
Filing Date
Filing date will be given for application which has fulfilled minimum requirements, namely application form and physical sample or drawing or photograph of the applied design. Other requirements may be submitted within 3 months since the date of the Design Office notice letter to fulfill the formal requirements.
Application with Priority Right
An Application with a Priority Right shall be filed within a period of six (6) months at latest from the first filing date in any other country that is a member of the Paris Convention or a member of the World Trade Organization.
Publication
After all the formality requirements are completed, the application will be published for 3 months. During publication period, any third party may file opposition.
Examination
As stipulated under the Design Law, examination is conducted only if there is opposition against a design application. However, due to good corporate governance and to minimize dispute risk in the future, the Design Office examines all design applications, whether there is opposition or not.
Assignment
Assignment can only be made for a design which has been registered.