You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

December 7, 2023

Proposed Amendments to Indonesia’s Industrial Design Law

Subscribe to Updates

On November 13, 2023, the Directorate General of Intellectual Property (DGIP) of Indonesia’s Ministry of Law and Human Rights held an offline workshop regarding intellectual property (IP).  One of the main discussion topics was the socialization of the proposed amendments to the Industrial Design Law.

The proposed amendments to the Industrial Design Law contain a number of important changes, as outlined below.

Industrial design definition

The definition of an industrial design is clarified and emphasized in the draft law. An object protected through industrial design rights is “the outer appearance of a product,” gives an “aesthetic impression,” can be protected in whole or in part, and may be two- or three-dimensional.

Registration system

The protection period for industrial designs set by the draft law is 5 years, renewable for up to two additional five-year terms. This differs from the period provided under the current law, which is 10 years from the filing date, nonrenewable.

Recordal system

The draft law introduces a recordal system particularly for designs that have a relatively short commercial turnaround time, such as textile products. Recorded designs have a protection period of three years from the first publication. The recorded designs can become registered design applications by filing the design through the DGIP’s registration system no later than 12 months from its first publication.

Details regarding the recordal system are not yet available.

Nonregistrable industrial designs

The draft law clarifies that the following are not registrable as industrial designs:

  • Designs that do not give an aesthetic impression;
  • Designs whose features are for purposes of technical functioning only;
  • Folklore or traditional cultural expressions that have not been developed further;
  • Designs contrary to the provisions of laws and regulations, public order, religion, or morality; and
  • Designs filed in bad faith.

International design applications

The new law introduces a provision regarding design applications that are taken from an international application. However, detailed application requirements are not stipulated in the new law. Provisions to accommodate possible ratification of the Hague system for international applications are currently being considered by the Indonesian government.

Industrial Design Appeals Commission

The current law only stipulates that any interested party can file a lawsuit over cancellation of an industrial design registration with the commercial court. The new law allows applicants to file their objections to refusal decisions and invalidation of industrial design rights with a new independent adjudicating body at the DGIP called the Industrial Design Appeals Commission. Appeals can be filed with the Industrial Design Appeals Commission regarding:

  • Rejection of an application (filed by the applicant or proxy);
  • Correction to a granted industrial design (filed by the applicant or proxy; and
  • Granting of industrial design rights (filed by interested third parties).

This provision aims to make it easier for the public or third parties who object to a registered industrial design to file for cancellation through the Industrial Design Appeals Commission in addition to the option of filing an appeal with the Commercial Court. This can also reduce the courts’ burden of handling industrial design rights cases.

Landlord liability

The current law does not include a landlord liability provision. The draft law prohibits trading location administrators and mall owners from allowing the sale or duplication of goods resulting from infringement of industrial design rights. The draft law does not stipulate any penalty for this violation.

Industrial design rights implementation by the government

The current law does not mention industrial design rights implementation by the government. The draft law clarifies that the government can implement industrial design rights in Indonesia in the interest of national defense or security by providing reasonable compensation to industrial design rights holders.

Fiduciary guarantee

Industrial design rights can be used as an object of fiduciary guarantee under the new law.

Outlook

The draft law aims to increase the effectiveness of the industrial design system, in line with international developments in the field of industrial design. It also seeks to create a climate that further encourages creation and innovation in the field of industrial design as part of the intellectual property system. By clarifying various issues and introducing relevant new measures, the draft law will likely advance Indonesia’s ability to provide protection for industrial design rights and respond to current challenges in this area. The draft law is still under discussion and is expected to be finalized by the end of 2024.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

April 20, 2026
Myanmar’s industrial design registration regime has been steadily gaining momentum since the country officially began accepting applications under the Industrial Design Law of 2019. The Industrial Design Division of Myanmar’s Intellectual Property Department (IPD) has actively advanced examination and registration procedures, and as of March 2026, approximately 300 industrial design applications have been published in the IPD’s publicly accessible database—a meaningful milestone in the development of Myanmar’s emerging intellectual property framework. This figure reflects only published applications; additional filings remain pending and will be published after the conclusion of ongoing examination. Filing Requirements in Practice Compliance with a defined set of mandatory requirements is the foundation for filing a valid design application. These mandatory particulars must be provided at the time of filing in order to establish a filing date. These include the applicant’s and creator’s identifying details, a notarized appointment of representative form, the Locarno Classification of the associated product, and a set of graphic representations of the design across multiple standard views. Applicants must also provide a written description of the design and, where applicable, information relating to any priority claim or request for deferred publication. Filing fees are payable at the time of submission. Beyond these core requirements, applicants typically need to provide supplementary documentation, either at the time of filing or in response to a formality examination. This may include evidence of the applicant’s legal entitlement to the design—particularly where the applicant and creator are different parties—as well as supporting corporate and authorization documents. Where priority rights are claimed, the relevant documents must generally be submitted within three months of the Myanmar filing date, with certified English translations required for any non-English priority applications. The supplementary requirements may vary depending on the nature of the application and the examiner’s requests during the formality examination process.
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More
March 16, 2026
Indonesia’s Ministry of Law has introduced a new framework for patent applications that tightens filing requirements and introduces formal mechanisms for accelerated examination. Minister of Law Regulation No. 6 of 2026 on Patent Applications, which was issued on January 13, 2026, and took effect on February 23, 2026, serves as the implementing regulation for Law No. 65 of 2024 on Patents. It replaces the previous patent application framework (under Minister of Law and Human Rights Regulation No. 38 of 2018, as amended by Regulation No. 13 of 2021), which was considered no longer aligned with current legal, institutional, and technological developments. The regulation also reflects the institutional restructuring of the Ministry of Law and Human Rights into the Ministry of Law. Patent applications filed on or after February 23, 2026, must fully comply with the new regulation. Applications that were filed before this date will continue to be examined and processed under the previous regulation, pursuant to transitional provisions. Substantive Changes Definition of Invention The definition of “Invention” now explicitly includes systems, methods, and uses, in addition to products and processes. This expansion creates broader protection opportunities, particularly for software-enabled, digital, and method-based technologies, although it may also result in closer scrutiny during substantive examination. Excess Claims Fee Excess claims fees must now be paid at the time of filing. Failure to pay excess claims fees at filing results in the application being deemed withdrawn. There is no longer an option to defer payment to the substantive examination stage. This amendment forces applicants to face higher upfront costs. Patent claim strategy must be finalized prior to filing, reducing flexibility at later stages. Procedural and System Changes Fully Electronic Filing Patent applications must be filed electronically via the Directorate General of Intellectual Property (DGIP) online filing system. Assisted filings to
Read More