In order to be registered as a design (industrial design) in Indonesia, the following requirements must be met.
Novelty: The design must not be publicly known around the world at the time of filing. Specifically, the design must not have been published or used domestically or internationally before the filing date (or priority date). Indonesian law allows for a 6-month exception to the loss of novelty (grace period), and it is said that novelty will not be lost if the application is submitted within 6 months of being exhibited at public exhibitions in Japan or abroad or being published on a trial basis for educational or research purposes.
Originality: Although there is no explicit legal requirement for ``difficulty in creation'', it is required that the design be unique and not identical or substantially similar to existing designs. If there is only a slight difference from an existing design, novelty may be denied and registration may be refused. A design must give an aesthetic impression through the creation of its shape, pattern, and color, and designs that consist purely of a shape to ensure functionality are not eligible for protection.
Industrial applicability: It is also a requirement that the design can be applied to products such as industrial products and handicrafts. According to the definition of the Indonesian Design Law, a design is "a creation consisting of shapes, patterns, and colors that can be used for products, industrial supplies, and handicrafts," and is defined as something that evokes a sense of beauty. Therefore, items that are not practical objects, such as purely works of art, are not subject to design registration.
Public order and morals, etc.: Designs that violate laws, public order and morals, or religious values cannot be registered. For example, designs that violate social ethics are excluded from legal protection.
The above are the main requirements for design registration in Indonesia. Unlike the case in Japan, there is no explicit requirement that creation is not easy (difficulty in creation), but the purpose is similar to Japan's creativity requirements in that it requires "uniqueness that is not similar to existing works."
Application destination/language: Design applications in Indonesia are filed with the **Directorate General of Intellectual Property (DGIP)** under the Ministry of Law and Human Rights. Application documents must be prepared and submitted in Indonesian. If the applicant is a foreign corporation or individual, it is necessary to appoint a local patent attorney (intellectual property consultant) as your agent to carry out the procedures. The set of application documents must be prepared in Indonesian on the designated form, and the original and the designated number of copies must be submitted.
Required documents: When applying, you will need (1) information about the applicant/creator, (2) a drawing or photograph of the design and a description of the design, (3) a power of attorney if applying through an agent, (4) proof of payment of the application fee, (5) proof of priority if claimed (copy of priority document and translation if necessary), etc. If the applicant is different from the creator, it is necessary to submit a document certifying the transfer of design rights from the creator to the applicant (signature deed) or the succession of creative rights. Foreign language documents such as power of attorney and priority documents must be accompanied by an Indonesian translation.
Drawing Requirements: Drawings (or photographs) have strict formal requirements to accurately disclose the contents of the design. Drawings must be drawn on A4 size blank paper (thickness 100-200g/m²) and must be clear enough to be reproduced. In order to fully disclose the design, the drawings must include multiple views (e.g. front, back, side, top, perspective, etc.) that show the shape of the design from each perspective, and each view must be given a serial number and an explanation of the viewing angle and part shown by that view. In the drawings submitted at the time of application, it is permitted to indicate parts for which protection is not sought with dashed lines (parts for which protection is sought are shown in solid lines), which allows for partial design claims. It is also important that the submitted drawings and actual samples must correspond (that the drawings accurately represent the actual object). The design description clearly describes the features of the design and the application/field of the product, and includes an explanation of the novelty and originality of the design as necessary.
Examination method: In Indonesia, a method that can be called partial examination registration system is adopted. First, only a formality examination (formal examination) is conducted, and applications that meet the formal requirements are published (published) in the official gazette within three months of filing. There is an opposition period for three months after publication, during which a third party can file substantive objections to the applied design, such as novelty. If there are no objections, a decision to register is issued and a design right is granted without going through substantive examination. On the other hand, if an opposition is filed, a substantive examination will be conducted within the Directorate General of Intellectual Property, and a decision will be made as to whether to register or refuse, taking into consideration the reasons for the opposition (such as similarity to existing designs). If the examination based on objections results in a refusal, the applicant can request reconsideration by submitting a written opinion within 30 days from the date of notification (if the refusal becomes final, judicial relief is also possible as described below). In this way, substantive examination is not conducted unless there is an objection, which is very different from the examination principle in Japan and other countries. The public notice of a design application includes the title and drawings of the applicant and design. Publicly published design applications are available for anyone to view, and the Directorate General of Intellectual Property provides design information through an online database.
Whether the application will be published: As mentioned above, in Indonesia, the application content will be published within three months of filing. On the other hand, in Japan, design applications are in principle non-public, and only designs that are finally registered are published in the Design Gazette and made public (however, in Japan, it is possible to set a non-disclosure period of up to three years after registration of a design right). It should be noted that Indonesia does not have a system of non-disclosure after registration, and the contents of the design become publicly known after the application is published.
The duration of a design right in Indonesia is stipulated as 10 years from the filing date. This 10-year period is a one-time fixed period, and there is no renewal system like in Japan or the EU. Therefore, after the 10-year protection period expires, the design right expires and the design becomes public domain. Under Indonesian law, there is no pension (annual maintenance fee) system, and if you pay the registration fee at the time of registration, it will be maintained for 10 years.
*Reference: Indonesia is currently considering amending the Design Law, and there are also discussions on a system that would protect short-term designs for three years from their first publication without the need for registration, and a system that would extend the protection period for regular designs to five years + five-year renewals x two (maximum of 15 years). However, as of 2025, the current law (10-year protection, no renewal) will still apply.
On the other hand, the duration of a design right in Japan is 25 years from the filing date (extended from the previous ``20 years from the registration date'' after the revised Design Law went into effect). In Japan, you can maintain your rights for up to 25 years by paying a specified pension every year. The major difference is that the protection period for design rights in Japan is longer than the 10 years in Indonesia. In addition, Japan does not have a system for extending or renewing the term (it expires after 25 years), but there are systems such as prepaying pensions every five years as installment payments. Neither country can revive or extend a design right once it has expired.
Infringement Criteria: In Indonesia, design rights infringement is recognized as the act of commercially manufacturing, selling, using, importing, exporting, or distributing a product that has the same or substantially the same appearance as a registered design without the permission of the right holder. A design right holder has the exclusive right to use a registered design and has the right to prohibit unauthorized use by a third party. Therefore, selling counterfeit products or products with very similar designs may fall under infringement. Although there are no clear legal provisions regarding the determination of similarity of designs, the standard is generally ``Are they identical or confusingly similar from the consumer's perspective?'' Furthermore, if a product is similar to a registered design by merely differing in detail, it should not be allowed to be registered based on the novelty requirement, so in practice, products that clearly differ in characteristics from the registered design will be excluded from infringement.
Burden of proof: Basically, the burden of proving infringement of a design right rests on the plaintiff, the holder of the design right. The right holder must prove that the defendant's product falls within the scope of his or her registered design (that it is the same or substantially the same). Indonesia's litigation system does not have a discovery system like Japan, but it is possible to file a motion for an injunction or seizure, and use the court's authority to collect evidence (for example, seize inventory). The defendant argues for non-infringement (the design is different) and for no reason. The validity of the design right (lack of novelty, etc.) can also be asserted as a defense, in which case the burden of proof shifts to the defendant, who must prove the existence of a prior design and invalidate the design right. Indonesian law has a provision that allows interested parties to file a trial for invalidation (cancellation action) of a design registration in a commercial court, and it is also possible for a defendant in an infringement suit to seek invalidation as a counterclaim.
Remedies: If the right holder is successful in court, the main remedies available are (1) an injunction (stopping infringing activities and preventing future infringement) and (2) a claim for damages. Injunctions may include immediate suspension of the manufacture and sale of infringing products and destruction of stocked products. Indonesian law also provides for preliminary injunction relief, which allows companies to request interim measures from the court, such as an injunction to suspend the import of infringing products, while a lawsuit is pending. Compensation for damages includes actual damages and lost profits caused by intentional or negligent infringement. Indonesia does not have a system for punitive damages, but criminal penalties can be applied for malicious infringements. The Design Law provides for criminal penalties for willful infringement, including up to 4 years' imprisonment or up to 300 million Rupiahfine. As a means of exercising rights, we first seek civil injunctions and compensation, and in more serious cases, we may file criminal charges with investigative authorities.
Jurisdiction: The first instance jurisdiction for intellectual property infringement lawsuits in Indonesia is the Commercial Court in each region. In principle, a lawsuit is filed in the commercial court that has jurisdiction over the defendant's domicile, and if the defendant has domicile outside the country, the Jakarta Central Commercial Court will be the competent court. Commercial court proceedings are designed to be expedited, and the first trial date is set immediately after a lawsuit is filed, with the aim of reaching a verdict within 90 business days. Parties who are dissatisfied with the first instance judgment can file an appeal (cassation) directly to the Supreme Court. Indonesia's commercial court system does not have an intermediate appellate court, and intellectual property cases proceed quickly to the final court. There is no specialized appellate court equivalent to the Intellectual Property High Court in Japan. As mentioned above, commercial courts have jurisdiction over lawsuits for cancellation of registered designs brought by third parties, and these can be filed at any time during the term of the rights.
As of 2025, Indonesia is not a member of the **Hague Agreement (Geneva Amendment)**, which is an international design registration system. Therefore, it is currently not possible to designate Indonesia in a Hague international design application, and even Japanese companies must apply directly to the Indonesian Intellectual Property Directorate (Paris route application based on the Paris Convention) to obtain design rights in Indonesia. The Indonesian government is also preparing to join the Hague Agreement, and the Design Law, which is scheduled to be revised, will include provisions that correspond to the 1999 Geneva Amendment to the Hague Agreement. After the new law comes into effect, Indonesia will also become a member of the Hague Agreement, and it is expected that it will be possible to obtain protection for Indonesian designs with a single international application. However, as Indonesia is not yet a member, the only route for design applications from foreign countries to Indonesia is to apply directly by claiming priority under the Paris Convention.
By the way, Japan is a party to the 1999 Geneva Act and became a party in 2015. Companies based in Japan can use the Hague International Application System to file designs in multiple countries at once. International design registrations that include Japan as a designated country are also accepted, and the Japan Patent Office will conduct a substantive examination within a specified period to determine whether or not to refuse. If Indonesia joins the agreement, it is expected that it will be easier for Japanese companies to obtain design protection in Indonesia, but until then, it will be necessary to obtain rights through individual applications.
Finally, the main differences between Indonesia and Japan's design systems are summarized in the table below.
| Comparison item | Indonesian design system | Japanese design system |
|---|---|---|
| Registration requirements |
・Novelty: Requires novelty on a global level (with 6-month grace period) ・Creativity: There is no clear legal requirement that creation is difficult, but originality that is not the same or similar to existing designs is required ・Aesthetic requirements: Must have an aesthetic appearance (designs with purely functional shapes are not allowed) ・Industrial applicability: What can be embodied in industrial products, etc. |
・Novelty: Must be new worldwide (grace period is within 1 year) ・Difficulty in creation: It is necessary that it cannot be easily created from an existing design (it must be an original design) ・Aesthetic requirements: The design must be aesthetically pleasing (shapes with only function are not allowed) ・Industrial applicability: Design that can be used industrially |
| Application form ・Language | ・Applications, etc. should be written in Indonesian in the specified format.・Drawings or photographs (A4 size, with explanations attached to each view) and Description of the design are required.・Attach Indonesian translations of power of attorney, priority documents, etc. | ・Applications are submitted in Japanese (notes on drawings, etc. are also in Japanese) *Applications in foreign languages such as English are also possible, but a Japanese translation must be submitted after filing.・Six drawings (or photographs) are required in principle (the strict requirement for six drawings has been relaxed in the 2019 amendment).・In the case of a partial design application, clearly distinguish the protected part with a solid line and the unprotected part with a broken line |
| Number of designs per application | ・One application, one design in principle. However, it is possible to apply for multiple items at once if they have a unified design as a set of articles (example: cutlery set, etc.) | ・Previously, the principle was one application, one design (one design, one application), but with the 2020 revision, it is now possible to include multiple designs (multiple embodiments) in one application. Examination and registration will be carried out for each design in the application |
| Examination method | ・After formalities examination, Application publication/opposition system available (opposition possible within 3 months after publication)・Substantive examination: Conducted only if there is a third-party opposition (if no objection, registration without examination)・In case of refusal: Opinion statement can be submitted within 30 days. If you are still dissatisfied, you can file a lawsuit in a commercial court | ・Substantive examination rather than no-examination registration system: After formality examination, a substantive examination is always conducted by the Japan Patent Office. If there are no reasons for refusal such as novelty or creativity, the application will be granted registration.・There is no system for public disclosure of applications (examination is done privately and is only published in the gazette at the time of registration) ・Appeals against the decision of refusal: It is possible to request a trial at the Patent Office (appeal). Furthermore, judicial relief is available to the Intellectual Property High Court |
| Protection period | ・10 years from the filing date (no extension/renewal)・No pension system (valid for 10 years with registration fee only) *Amendment proposal also includes 5 years + 2 renewals (15 years in total) | ・25 years from the filing date (*extended with the 2019 revision)・No renewal system (ends in 25 years) However, you must pay an annual fee (pension)** every year to keep it in existence・No system for extending the duration of the design right (will disappear after expiration) |
| Scope of rights | - Extends to a design that is the same or almost the same as a registered design (there is no explicit provision for the extent of similarity, but products with substantially the same appearance are judged to be infringing) - Although there is no clear system for partial designs, it is possible to limit the scope of rights using broken lines, and in practice, partial designs can also be granted rights | - Covers designs that are the same or similar to registered designs (the Design Act clearly states that similar designs are included in the scope of rights) - There is a clear partial design system: a part of the manufactured product can also be registered as a design (introduced in 2005) |
| Remedies for infringement | ・Civil remedies: Request for injunction (stopping or suspending infringing acts), claim for damages・Provisional disposition: There is a provisional relief system that temporarily orders the importation of infringing products, etc.・Criminal penalty: There are provisions for criminal penalties such as up to 4 years in prison for malicious infringement | ・Civil remedies: Injunction (stopping/preventing infringing acts, destroying infringing products, etc.), compensation for damages (in addition to normal damages, it is also possible to calculate estimates of lost profits and request measures to restore credit)・Provisional disposition: It is possible to obtain a provisional order to stop infringing acts・Criminal punishment: There are also provisions for criminal penalties such as imprisonment for up to 10 years for infringement of design rights (however, there are few cases of application) |
| Jurisdiction and procedure | ・Commercial courts have specialized jurisdiction over intellectual property infringement (established in major cities around the country) and jurisdiction over the location of the defendant. If the defendant is a foreign resident, the Jakarta Central Commercial Court has jurisdiction/first instance judgment → appeal directly to the Supreme Court (speedy second instance system), and for invalidation, file an annulment lawsuit in the commercial court (first instance system up to the Supreme Court) | ・The district court (Specialized Division of the Tokyo and Osaka District Courts, etc.) has jurisdiction in the first instance (the Intellectual Property High Court is the appellate court) ・Usually the district court where the defendant is located is located, but as with patents, there is centralized jurisdiction in the specialized divisions in Tokyo and Osaka ・First instance → Intellectual Property High Court (within the Tokyo High Court) → Supreme Court and the third instance system |
As mentioned above, the Indonesian design system has major differences in examination system and protection period compared to Japan. In particular, Indonesia requires registration without examination (registration if there are no objections) and the period of protection is short, whereas Japan requires substantive examination and has a long period of protection. It is important to understand the differences between each and develop strategies tailored to local systems.
References and information sources: Indonesian Design Law (Law No. 31 of 2000) and Enforcement Regulations, WIPO Lex database, information published by the Indonesian Intellectual Property Directorate, commentary on international application systems such as WIPO and JETRO, Japanese Design Law (Article 3 of the Design Law, etc.) and explanatory materials of the Japan Patent Office and Japan Patent Attorneys Association.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).