INDUSTRIAL DESIGN CATEGORIES REGARDED AS NEW
The Supreme Court has annulled the decision of the Commercial Court at the Central Jakarta District Court on the grounds that the design of the defendant’s
product packaging is not new. The cassation panel opines that all elements of the plaintiff’s product packaging design are included in the defendant’s product packaging, both in terms of the color composition of the combined colors of yellow, orange, and red;
the configuration for the location of the cup and ginseng images is located in the same position, namely on the lower right of the package, the same as the plaintiff’s packaging. This also includes the position of the ginseng shadow image at the top of the
packaging, which is identical to the position in the plaintiff’s design.
Article 25 paragraph (1) of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement states that an industrial design is considered
new if it is significantly different from the previous disclosure or a combination of previous features. It is not considered new if they do not significantly differ from known designs or combinations of known design features.
Supreme Court Decision No. 583 K/Pdt.Sus-HKI/2021 dated 3 May 2021.
Source:
Examination of Novelty Elements in Industrial Design Disputes, Author: Muhammad Yasin, Hukumonline.com, 14 July 2022.
Best regards
Fredrik J. Pinakunary