Kompleksitas Perlindungan Desain Industri di Indonesia: Antara Inovasi, Kebaruan, dan Tantangan dalam Hukum Kekayaan Intelektual

Abstract

Industrial design protection in Indonesia is an important part of the Intellectual Property Rights (IPR) system which aims to encourage innovation, increase product competitiveness, and protect the rights of creators amidst increasingly fierce global competition. Law No. 31 of 2000 has provided a clear legal framework by granting exclusive rights to design owners to utilize, sell, or license their designs for ten years. However, the implementation of industrial design protection still faces a number of challenges, including weak law enforcement, overlap between industrial design protection and copyright, and low awareness of business actors, especially in the small and medium enterprise (SME) sector. In addition, substantive examination of registered designs is still limited, so that the potential for protection of truly new and original designs is not optimal. Another challenge arises from the development of digital technology which facilitates massive violations of industrial design rights on various online platforms. Efforts to reform policies, simplify the registration process, and provide legal education to business actors are very important so that industrial design protection can run effectively and adapt to developments in the era. Strong protection not only provides legal certainty for design owners, but also encourages the creation of a healthy climate of innovation and creativity in Indonesia. Thus, industrial design can develop into a valuable asset that supports sustainable national economic growth and contributes to improving public welfare.