LEGAL PROTECTION OF INDUSTRIAL DESIGN RIGHTS IN THE FASHION INDUSTRY IN INDONESIA (STUDY CASE PT BATIK KERIS VS WENNY SULISTIOWATY)

Abstract

Industrial designs according to Article 1 Section 1 of UU 31/2000 about Industrial Design, namely a creation concerning the shape, configuration, or composition of lines or colors, or lines and colors, or a combination of in two- or three-dimensional forms which give an aesthetic impression and can be realized in a three-dimensional or two-dimensional pattern and can be used to produce a product, goods, industrial commodity, or handicraft. Industrial design legal protection is given so that designers develop more and more to create new designs. Industrial design legal protection is given to the party who first registered and must have an element of novelty. The problem, in this case, is that PT. Batik Keris objected to the issuance of an Industrial Design certificate belonging to Wenny whose design was deemed the same as the previous disclosure by PT. Batik Keris so that the author is interested in discussing this. This study discusses the novelty element of a design that can be registered at the Directorate General of Intellectual Property Rights and the suitability of legal considerations of judges in the Supreme Court decision No. 301K/Pdt.Sus-HKI/2015 with the Law on Industrial Design. This research method used by researchers is a normative approach. The results of research conducted by the author in this thesis can be concluded that registered industrial designs must have an element of novelty. The element of novelty must be in accordance with Article 2 of the Industrial Design Law. With the novelty element that is under the Law, the registering party will get legal protection.