A. CASE POSITION

1. Antony is a Lecturer at PTNBH (State University with Legal Entity) who created Design B
2. Design A is a design that was exhibited in a national bicycle design exhibition in February 2021
3. Design A was then mass-produced and widely traded.

4. In addition to creating Design B, Antony also modified the design of traditional old bicycles (Ontel Bicycles) to be more fashionable

B. LEGAL ISSUES

  1. What is the most appropriate protection effort for Design B, is it Industrial Design or Patent, or both?
  2. Does Design B meet the novelty requirement with Design A as a comparison?.
  3. Which is the right approach to determine the novelty if viewed from the principle of minor or major/significant difference?
  4. Who is most entitled to own the patent rights?
  5. What is the appropriate form of protection for the Ontel bicycle design?
  6. Is the traditional bicycle design that has not been modified a design in the public domain (public domain) or owned by the state?

C. SOURCE OF LAW

1. Civil Code
2. Law Number 13 of 2016 concerning Patents
3. Law Number 31 of 2000 concerning Industrial Design

D. JURIDICAL ANALYSIS

1. Based on Article 1 Number (1) of the Industrial Design Law, it has been explained that Industrial Design is a creation concerning the shape of a configuration, or composition of lines or colors, or lines and colors, or a combination thereof which is…