CHAPTER III
APPLICATION FOR REGISTRATION OF INDUSTRIAL DESIGN
Part One
General
Article 10
The Right of Industrial Design shall be granted on the basis of an application.
Article 11
(1) An application shall be filed in writing in Indonesian language at the Directorate General with payment of fee as regulated in this Law.
(2) The application as referred to in paragraph (1) shall be signed by the applicant or his proxy.
(3) The application shall contain:
(a) the day, month, and year of application;
(b) the name, complete address and nationality of the designer;
(c) the name, complete address and nationality of the applicant;
(d) the name and complete address of the proxy, if the application is filed through one; and
(e) the name of country and the priority date, if the application is filed with priority right.
(4) The application as referred to in paragraph (3) shall be furnished with:
(a) a physical sample or drawing or photograph and the description of the industrial design being applied for registration;
(b) a special power of attorney, if the application is filed by a proxy;
(c) a statement that the industrial design being applied for registration is the property of the applicant or the property of the designer.
(5) Where more than one applicant files an application jointly, such application shall be signed by one of them by attaching a written agreement
from the other applicants.
(6) Where an application is not filed by the designer, such application shall be furnished with sufficient evidence that the applicant is entitled to the relevant industrial design.
(7) Provisions regarding the procedure of application shall be further regulated by Government Regulation.
Article 12
The party who first files an application shall be deemed as the holder of the Right of Industrial Design, unless proven otherwise.
Article 13
An application can only be filed for:
(a) one industrial design, or
(b) several industrial designs that constitute a unity of an industrial design, or that have the same class.
Article 14
(1) An applicant who resides outside the territory of the Republic of Indonesia must file an application through a proxy.
(2) The applicant as referred to in paragraph (1) shall state and choose his legal domicile in Indonesia.
Article 15
Provisions regarding the requirements for being able to be appointed as a Consultant of Intellectual Property Right shall be regulated by Government Regulation, while the procedure of appointment shall be regulated by Presidential Decree.
Part Two
Application with Priority Rights
Article 16
(1) An application with a priority right shall be filed within a period of 6 (six) months at the 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.
(2) An application with a priority right as referred to in paragraph (1) shall be furnished with the priority document legalized by the office administering the registration of industrial designs, accompanied by its translation in the Indonesian language within the period of 3 (three) months at the latest as of the date of expiry of filing an application with a priority right.
(3) Where the requirements as referred to in paragraph (1) and paragraph (2) are not fulfilled, the application shall be deemed to have been filed without priority right.
Article 17
In addition to the copy of the application as referred to in Article 16(2), the Directorate General may ask that the application with a priority right be furnished with:
(a) a complete copy of Right of Industrial Design that has been granted in connection with the first application filed in other countries; and
(b) other valid documents needed to help make a judgment that the industrial design is new.
Part Three
Date of Receipt of Application
Article 18
A filing date shall be the date of receipt of an application provided that the applicant:
(a) has filled in the application form;
(b) has attached a physical sample or drawing or photograph and a description of the industrial design being applied for registration; and
(c) has paid the application fee as referred to in Article 11(1).
Article 19
(1) Where there are deficiencies in fulfilling the requirements for an application as referred to in Article 11, Article 13, Article 14, Article 15, Article 16 and Article 17, the Directorate General shall notify the applicant or his proxy that the deficiencies be remedied within the period of 3 (three) months as of the date of sending of the notification.
(2) The period as referred to in paragraph (1) can be extended for 1 (one) month at the maximum, upon a request from the applicant.
Article 20
(1) Where the deficiencies as referred to in Article 19(1) have not been remedied, the Directorate General shall notify the applicant or his proxy in writing that his application is deemed withdrawn.
(2) Where an application is deemed withdrawn as referred to in paragraph (1), all fees that had been paid to the Directorate General cannot be reimbursed.
Part Four
Withdrawal of an Application
Article 21
An applicant or his proxy may file a withdrawal of an application in writing at the Directorate General, provided that a decision has not been made upon such application.
Part Five
Prohibition to File an Application and Obligation to Maintain Confidentiality
Article 22
While still bound in active service and until 12 (twelve) months after the retirement or after ceasing from work from the Directorate General for whatever reason, an employee of the Directorate General or any person who due to his assignment has been working for or on behalf of the Directorate General shall not be permitted to file an application, to obtain or to possess any right relating to an industrial design, unless the ownership is due to inheritance.
Article 23
As of the filing date of an application, all officials at the Directorate General or any person whose duties relate to the duties of the Directorate General shall be obligated to preserve the confidentiality of an application until the date the relevant application is announced.