CHAPTER II
SCOPE OF INDUSTRIAL DESIGNS
Part One
Industrial Designs that are Granted Protection
Article 2
(1) The Right of Industrial Design shall be granted for an industrial design that is novel/new.
(2) An industrial design shall be deemed new if on the filing date, such industrial design is not the same as any previous disclosures.
(3) The previous disclosure as referred to in paragraph (2) shall be one which on or before:
(a) the filing date; or
(b) the priority date, if the application is filed with priority right, has been announced or used in Indonesia or out side Indonesia.
Article 3
An industrial design shall not be deemed to have been announced if within the period of 6 (six) months at the latest before the filing date, such industrial 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.
Part Two
Industrial Designs that are not Registrable
Article 4
The Right of Industrial Design shall not be granted if an industrial design is contrary to the prevailing laws and regulation, public order, religion, or morality.
Part Three
Period of Protection of Industrial Designs
Article 5
(1) The protection of the Right of Industrial Design shall be granted for 10 (ten) years commencing from the filing date.
(2) The date of commencement of the protection period as referred to in paragraph (1) shall be recorded in the General Register of Industrial Designs and announced in the Official Gazette of Industrial Designs.
Part Four
Subject of Industrial Designs
Article 6
(1) Those entitled to receive the Right of Industrial Design shall be the designer or those who receive the right from the designer.
(2) Where the designers comprise of several persons jointly, the Right of Industrial Design shall be granted to them jointly, unless agreed otherwise.
Article 7
(1) Where an industrial design is created in an official relation with another party within the working environment, the holder of Right of Industrial Design shall be the party for whom the industrial design is created, unless there is another agreement between both parties without detracting the right of the designer if the use of the industrial design is expanded beyond the official relation.
(2) The provision as referred to in paragraph (1) shall also apply to any industrial design created by other parties on the basis of an order made in an official relation.
(3) Where an industrial design is created under a work relation or on the basis of an order, the party that has created the industrial design shall be deemed as the designer and the holder of Right of Industrial Design, unless otherwise agreed by both parties.
Article 8
The provision as referred to in Article 7(1) and (2) shall not nullify the right of the designer to have his name attached in the Certificate of Industrial Design, in the General Register of Industrial Designs and in the Official Gazette of Industrial Designs.
Part Five
Scope of Right
Article 9
(1) The holder of Right of Industrial Design shall have the exclusive right of exploit his industrial design and to prohibit others who without his consent make, use, sell, import, export and/or distribute the products that have been granted the Right of the Industrial Design.
(2) Exempted from the provisions as referred to in paragraph (1) is where the use of the industrial design is for the purposes of experimentation and education, provided that such use does not damage the normal interest of the holder of Right of Industrial Design.