By Fitri Astari Asril, Research Associate, Intellectual Property Rights: The World Intellectual Property Organization (WIPO) member states have adopted the Riyadh Design Law Treaty, simplifying international design protection. Announced on 22 November 2024 in Riyadh, it marks a major turning point and historical significance after nearly 20 decades of negotiation on this matter. The treaty will ease the registration process, especially for micro, small, and medium-sized enterprises.

A Closer Look at Indonesia’s Design Law

Design plays a crucial role, but it remains the forgotten sibling in the IP family, compared to the other like trademarks, patents, and copyrights. In Indonesia, design (legally known as ‘industrial design’) is regulated under Law No. 31 of 2000 (‘Indonesian Design Law’), which was part of the first wave of IP legislation establishing the country's IP regime. Indonesia follows a ‘first to file’ principle, granting industrial design rights to novel designs that are not identical to prior disclosures at the time of filing, as stated in Article 2 of the law. The protection lasts for 10 years from the filing date and is non-renewable.

To date, there have been 91,747 industrial design applications in Indonesia, a significantly smaller number compared to 1,864,122 trademark applications. Apart from that, industrial design applications lag behind copyright, with 716,986 filed. Copyrights are handled on a first-to-declare basis in Indonesia, meaning that registration is not mandatory for protection.

Indonesia’s Homework

According to records from WIPO, there are several actions that the Riyadh Treaty will address.

1. Set a clear list of required elements for design applications, creating a predictable framework.
2. Allow applicants to choose how to represent their design (e.g., drawings, photos, or videos).
3. Permit multiple designs in a single application under certain conditions.
4. Minimise filing-date requirements to avoid loss of rights due to delays.
5. Introduce a 12-month grace period after first disclosure, protecting registration validity.
6. Allow applicants to keep designs unpublished for at least six months post-filing date.
7. Provide relief for missed deadlines to prevent irreparable loss of rights.
8. Simplify design registration renewal procedures.

At the time of writing, the official Riyadh Design Law Treaty document is unavailable, making it impossible to review its application requirements.

However, Indonesia still has ‘homework’ to do to align with the Riyadh Design Law Treaty.

The first point concerns the importance of minimising filing date requirements to avoid the loss of rights under certain conditions. Protecting a design is crucial and time-sensitive. Once a design application is filed in one country, a 'priority right' period allows the design to be registered in other countries. However, administrative hurdles, such as delays in document translation, can prevent designers from making the most of this period. It would be beneficial if the initial filing date could be recorded even with an incomplete application, allowing some supporting documents to be provided later.

As for Point 5, Indonesia's Design Law allows a six-month grace period for public disclosure, keeping the design 'novel' (Article 3). While this provision already enables market testing with legal protection, the Riyadh Treaty extends the period to 12 months, hence offering greater flexibility and time for market testing.

Furthermore, the absence of formal confidentiality regulations creates challenges for designers. The Riyadh Treaty addresses this by allowing designs protection through confidentiality, which lets designers to share their work selectively while maintaining protection rights and minimising exploitation risks. If the intention is to ‘test the market,’ designers can do so within the 12-month grace period, ensuring that their designs remain protected while evaluating their commercial potential.

Indonesia currently lacks provisions for granting relief for missed deadlines in design applications. Article 20 of the current Design Law allows a three-month window, with a one-month extension, to fulfil missing requirements. Failure to meet this deadline results in automatic withdrawal. This strict approach, lacking flexibility for extenuating circumstances, may disadvantage foreign applicants and deter international participation and investment.

Lastly, Indonesia currently offers a fixed 10-year term of industrial design protection with no renewal. While this aligns with the practice in many countries, some jurisdictions adopt an initial five-year term with the option of renewal (plus five). The Riyadh Treaty may prompt Indonesia to consider extending protection, potentially adopting a renewable 5+5-year model or a longer term. It is also essential to ensure that the renewal process remains straightforward and efficient.

Design Protection Matters

Indonesia should stop neglecting design protection. While industrial design shares similarities with copyright and is somewhat similar with patents due to the concept of ‘novelty,’ the procedures for protection are distinct. The key challenge is educating the public about its existence and value of design. In light of the Riyadh Design Law Treaty, Indonesia should raise awareness and simplify the process to foster innovation and support economic growth.

This opinion piece was written by Fitri Astari Asril, Research Associate, Intellectual Property Rights, ERIA, and has been published in Borneo Bulletion. Click here to subscribe to the monthly newsletter.

Disclaimer: The views expressed are purely those of the authors and may not in any circumstances be regarded as stating an official position of the Economic Research Institute for ASEAN and East Asia.