Pelindungan Hukum Desain Industri Asing di Indonesia Berdasarkan UU No. 31 Tahun 2000 (Studi Putusan PN Niaga Jakarta Pusat Nomor 76/Pdt.Sus-Desain Industri/2023)

Abstract

The development of global trade and industrial advancement has led to an increasing circulation of foreign products in Indonesia, including those incorporating industrial designs. However, the application of the first to file principle under Law Number 31 of 2000 on Industrial Designs often gives rise to legal issues, particularly when parties acting in bad faith register in advance designs that belong to foreign owners and have not yet been registered in Indonesia. Based on this background, the research problems are formulated as follows: how the legal regulation of foreign industrial design registration is governed under the prevailing laws and Law Number 31 of 2000 on Industrial Designs; how the mechanisms and procedures for registering foreign industrial designs in Indonesia are implemented; and how the judges’ legal reasoning and decisions concerning the legal protection of foreign industrial designs are reflected in the Decision of the Central Jakarta Commercial Court Number 76/Pdt.Sus-Desain Industri/2023. This thesis employs a normative juridical research method with a descriptive research character and a statutory approach. The data used are secondary data as the main sources, collected through library research and analyzed qualitatively, as well as a case approach based on the relevant court decision. The results of the study indicate that legal protection of foreign industrial designs in Indonesia is not solely based on the first to file principle, but must also take into account the elements of novelty and good faith. In Decision Number 76/Pdt.Sus-Desain Industri/2023 of the Central Jakarta Commercial Court, the panel of judges held that the registration of an industrial design by an unauthorized party without fulfilling the requirement of novelty constitutes an act contrary to law and the principle of justice, and therefore such registration may be annulled. The judges considered that a design which had previously been published and used abroad no longer meets the novelty requirement if it is later registered in Indonesia by another party with the intention of unlawfully acquiring rights. This decision affirms that legal protection of foreign industrial designs must be granted to the rightful owners in order to ensure legal certainty, justice, and to prevent registrations made in bad faith