INTELLECTUAL PROPERTY MANAGEMENT

FAE 2063

SEMESTER FEBRUARY 2016/2017

GROUP SBP2
LECTURERS NAME:
MISS NORSHAHIDAH BINTI ABU SAMAH
ASSIGNMENT TITLE:
Case study: French jewellery manufacturer in Indonesia
register design or copyright?
NO. NAME MATRIC NO.
1 NORSYAHIRA BINTI ROSLAN F15A0123
2 NUR HANISAH BINTI ZOLKIFLEE F15A0147
3 NUR RAHIIQIN MAKTUUM BINTI F15A0157
BAHARUDDIN
4 SITI RAHIMAH BINTI RAHMAN F15A0220
Case study: French jewellery manufacturer in Indonesia register design or copyright?

1. What is the IP issues involved in case?

Basically, Intellectual Property is used to protect the rights and designs of company.
From the case study, we had identified the issues that involved which is about the
unregistered or applied for the design protection of a French jewellery manufacturer in
Indonesia.

The main reasons that the company did not register the protection are because of the
time requirement to register in the industrial design. The registration takes a long period of
time which is about 24 to 36 months and required a high registration fees to complete the
overall procedure of registration.

Besides that, there are some effects that the company have to face regarding the
unregistered issues. The effect is includes the financial damage of the company since the
company have got an imitation under different brand on the Indonesia market. The issue also
have harmed the reputation of the company since the company have to compete with another
imitation brand that produces low quality product compared to French company.

However, the French company did not take any action to cease the infringement due
to the fact that design of jewellery collection are under protected in Europe as the territorial
right and invalid in Indonesia.

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2. What is the Intellectual Properties laws related to the issue?

Generally, this case is about a French jewellery manufacturer that does not have any
protection in Indonesia and manage to boost up the local company in Indonesia to make
infringement of their design. Based on this case, it can be stated that one of the intellectual
properties related to this case is a copyright. As we know, copyright is the original work that
protects designs that are sufficiently creative and artistic. Copyrightable works include logos,
artwork, or design elements that are stitched, imprinted or embossed onto fabric and
ornamental aspects of jewellery, watches, belts, and handbags and the jewellery designs are
largely capable of being protected by copyright. This is because jewellery fairly easily
satisfies the requirements for obtaining a copyright regarding the originality and fixation.
Furthermore, copyright does not have any registration for the protection because it is
automatically registered once the work are published. But, for the infringement cases, the
owner should take legal action, they would need to register their work with the Copyright
Office as prove of work of art. So, the jewellery protection falls under copyright.

Next, another intellectual properties laws related to this issue is under industrial
design. This give protection for the artwork, colours or designs applied to any article
including jewels, watches, luxury items that make it look visually appealing can be owned
and protected by means of registering it as an Industrial Design. This would prevent
competitors from stealing valuable design and getting unfair advantage out of the skill and
labour. However, an industrial design required a registration for the protection. The
protection need to get through every country. It is also not possible to protect a specific
material through the design. As for example, it is only the appearance of the product that is
protected, the fact that a product is made from silver or gold is not protectable. But if the fact
that the specific texture or colour of the silver or gold is specific to this particular design, it
can be protected. Protecting such a design, does not prevent competitors to manufacture
similar products in silver or gold if their design looks different and meets the requirements
for protection. In the future, if they attempt to imitate the specific appearance of the design
using another material, they will be infringing the right of the owner of the design right.

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3. What is the solution or decision made based on the case?

Based on the case study, there are two solution or decision that can be implemented.
The first solution is the manufacturer can apply for recordal of a copyright at the Indonesia
Copyright Office, even though it is not compulsory because the protection for copyright
arises automatically in Indonesia. The recordal of a copyright will serves as evidence of
ownership. Another reason for the French jewelry manufacturer need register for copyrights
is that, the police will commonly ask for evidence of recordal or registration in another Berne
member country before they proceed with criminal enforcement action.

In addition, the manufacturer of French jewelry can also file an application for
industrial designs in order to solve this issue, but the product design need to be new. If a
design has already been disclosed to the market through production and sales, the Intellectual
Property owners can protect their designs as copyright. A registered design can protect the
whole or part of a product. This may include the shape, configuration, surface pattern, texture
or any other features of a product. Basically, the design that imitates the registered design
will be discovered by their owner, so there is no need to prove it. This is due to the fact that
when a design is registered, the right is granted to the owner.

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 4. Recommendation to solve the issue

As for the recommendation part for this case study, it recommended for the French
jewellery manufacturer to implement both of the intellectual property. In Indonesia,
cumulative protection is allowed in the country. It occurred because the scope of objects of
the protection stipulated in the copyright law and the industrial design law covers the types of
work or design that enable both of them to be protected by two different laws. First
intellectual property is copyright, this is to take advantage of copyright protection since the
copyright can protect the design of the jewellery while obtaining a registered design. In
Indonesia, copyright arises automatically after a work is created in a material form such as in
writing, video, audio, sculpture and etc. It is not required to be recorded in order to get it
protected but many business operating the country choose to record copyright to obtain proof
of ownership. Besides that, it is also important to fight against infringements as some
elements of the protection. Furthermore , in case of litigation, enforcement of authorities need
to be certain that the IP right holder seeking protection is in fact the rightful owner , and they
usually require the copyright record certificate to be produced for this certificate to be
produced for this purpose. When possible, it is strongly advisable that French jewellery
manufacturer record their copyright in Indonesia.

Then, it is also highly recommended for the French jewellery manufacturer to

register their industrial design in Indonesia. It is recommended to register industrial design in
Indonesia because a registered design will provides the French jewellery manufacturer with
protection against deliberate copying and independent development of a similar design. Next,
when the industrial design was registered, the proof of ownership will also be provided, and
can be used when the jewellery manufacturer need to initiate enforcement proceedings in
case of an infringement that had happened to them in Indonesia. Then by registering the
industrial design in Indonesia, the manufacturer have the right to make offer ,trade ,market or
use the product equipped with the design in Indonesia and the owner will have the right
license the design.

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References

1."Bling It On: Copyright & the Rise of Jewellery Infringement Lawsuits". Creative Arts
Advocate. N.p., 2017. Web. 14 Apr. 2017.

2."Significance of Intellectual Property in the Gem & Jewel Industry - Altacit Global".
Altacit Global. N.p., 2017. Web. 14 Apr. 2017.

3. IPR protection in Indonesia for Contemporary Design Industry. Youripinsider Helika

Jugerson N.p., 2017.Web.15 Apr. 2017.

4. Trademark in Indonesia.Ip coster, Ip coster global Ip network. Exalt patent. N.p., 2017.
Web. 15 Apr.20172