Tinjauan Yuridis terhadap Hal Kebaruan Desain dalam Pendaftaran Desain Industri di Indonesia (Studi Putusan Mahkamah Agung No 638K/Pdt.Sus/2012)

Abstract

The era of globalization and free trade has required Indonesia to play an active role in every international agreement. To face free trade, Indonesia increases protection and competitiveness in Intellectual Property Rights (IPR). One of the IPR protections is the protection of Industrial Design. This is realized by the establishment of Law No. 31 Year 2000 on Industrial Design. Although the law has been formed to regulate it, there are still problems that arise, one of which is about the registration of Industrial Design Rights for registrants from abroad. Based on these problems, the following problems are formulated: 1) How is the regulation of industrial design in industrial design registration in Indonesia; 2) How is the element of novelty in industrial design registration in Indonesia; 3) How is the legal analysis of considerations and judges' decisions related to the element of novelty in industrial design registration in Indonesia based on the Supreme Court Decision No. 638 K/Pdt.Sus/2012? The method in writing this research is normative juridical research method with descriptive research nature with statutory approach method. The data used uses secondary data as the main data with data collection techniques through literature studies and uses qualitative data analysis and uses a case approach contained in related decisions The research found that the registration of industrial design based on Industrial Design Law Number 31 Year 2000 that the industrial design is considered new if at the time of registration has never been announced or used publicly, either in Indonesia or in other countries. In the registration of industrial designs, it also pays attention to the date of registration by using priority rights where the design comes from a foreign brand. The panel of judges used the applicable legal provisions, namely Law Number 31 of 2000 concerning Industrial Design by using considerations of design novelty, application of priority rights, administrative procedures fulfilled at the time of registration.