Pembatalan Desain Industri Karena Tidak Adanya Unsur Kebaruan dalam Putusan PN Jakarta Pusat Nomor 78/Pdt.Sus-Hak Kekayaan Intelektual/Desain Industri/2022/PN Niaga Jkt.Pst

Abstract

This research is motivated by the increasing number of industrial design registrations that do not meet the novelty requirement, potentially harming original design owners and causing legal disputes. The case analyzed is the Commercial Court Decision at the Central Jakarta District Court Number 78/Pdt.Sus- HKI/Industrial Design/2022/PN Niaga Jkt. Pst, which annulled the registration of a suitcase generator industrial design because it had been previously published abroad and exceeded the six-month grace period. The research problems include: (1) legal certainty regarding the criteria of novelty in industrial design registration; (2) procedures for cancellation of registered industrial design rights that lack novelty; and (3) conformity of the decision with the prevailing legal norms. The purpose of the research is to analyze these three aspects comprehensively. The research method used is normative juridical with statutory, conceptual, and case approaches. The study is descriptive-analytical in nature, using secondary data sources consisting of primary, secondary, and tertiary legal materials. The findings indicate that regulations regarding the novelty element in Indonesian industrial design law still create multiple interpretations; cancellation procedures can be pursued through litigation in the Commercial Court by proving the absence of novelty; and the court decision in this case is consistent with the provisions of Law Number 31 of 2000 on Industrial Designs and the principle of legal protection. In conclusion, the cancellation of industrial design registrations that do not meet the novelty requirement is legally appropriate and necessary.