Protection Of Industrial Designs Research Articles

Legal Protection of Industrial Drawings, Models and Designs in Yemen

Industrial revolution contributed to the emergence of industrial property rights and the accompanying inventions. Technological development and the expansion of the use of electronic technologies in various industrial fields contributed to increasing competition between economic entities, regarding their ownership of the elements of industrial property rights. These rights distinguish their products from others, besides their role in increasing the economic growth rates of countries that possess patents or technical knowledge, which supports their economy. National laws and international agreements have been designed to protect industrial property rights as patents, designs and trademarks. Work on imposing specific controls to protect their owners and creators of those rights from a legal perspective, as well as establishing an economic balance between the owners of those rights and those with the right to monopolize them on the one hand and the general public on the other hand to provide the appropriate environment to achieve more innovation and creativity to maximize their economic return. This research aims to study the legal protection of industrial drawings and models, and to investigate the problems that arise regarding them. The researcher used the descriptive approach based on describing the legal texts included in Yemeni law, and analyzing them to reach useful results on the subject. The research reached the most important results, which is that the law provided protection for industrial models and drawings. The researcher recommends keeping pace with technical developments and updating legislation to include technical drawings and models as well.

Unregistered industrial design: legal regime and peculiarities of legal regulation

The article is dedicated to current issues of legal protection of unregistered industrial designs. It has been established that an unregistered industrial design is a type of industrial design that has its own legal regime, containing features inherent only to an unregistered industrial design. It has been proven that an unregistered industrial design as an industrial design must meet the conditions for granting legal protection, which are established by law. It was established that bringing an unregistered industrial design to the public should take place precisely on the territory of Ukraine. It is substantiated that the disclosure that took place on the Internet cannot always be interpreted as disclosure on the territory of Ukraine. It is established that the owner of an unregistered industrial design has an exclusive right to its use. It is justified that the owner of a registered industrial design has broader rights to prohibit unauthorized use of the industrial design than the owner of an unregistered industrial design, since the owner of a registered industrial design can prohibit both the copying of his industrial design and the use of a similar product if «its appearance causes informed user has the same overall impression as the protected industrial design.» It is well-founded that the owner of an unregistered industrial design has narrowed opportunities to protect the rights to the industrial design, as he can only prohibit direct copying of the product and even then with restrictions. It has been proven that when protecting rights to an unregistered industrial design, it is necessary to prove the existence of rights to such an unregistered industrial design. It has been proven that an unregistered industrial design is an important object of industrial property, it is a type of industrial design, intellectual property rights to which arise from the moment it is brought to public notice on the territory of Ukraine and which are valid for three years (shortened term of legal protection), it does not require registration and entry into the State Register of Industrial Designs of Ukraine, the rights to it are not certified by the Certificate, its owner has narrowed rights to its use and protection of rights to it, compared to the powers of the owner of a registered industrial design. It is substantiated that the legal regulation regarding the unregistered industrial design needs to be clarified in terms of the exercise of exclusive property rights of intellectual property.

Gravity for cross‐border licensing and the impact of deep trade agreements: Theory and evidence

AbstractWe examine whether deep regional trade agreements facilitate cross‐border licensing. A micro‐founded gravity equation for each supply mode is derived from a model in which heterogeneous firms choose to supply their goods to foreign markets through export, foreign direct investment or licensing. We present several comparative statics results regarding the effects of changes in the fixed costs of serving the destination country, the freeness of trade, and the strength of intellectual property rights protection on bilateral flows of licensing revenues. We then empirically test our theoretical predictions using data on the cross‐border flows of royalties and licence fees for 49 countries in the period 1995–2012. In addition to variables that capture the impact of shallow and deep regional trade agreements, we construct dummy variables that represent subcategories of IP rights‐related provisions. Consistent with our theoretical predictions, we find that improved access to the destination market through a deep regional trade agreement and stronger IP rights protection through a regional trade agreement with legally enforceable IP rights and technology‐related provisions increase bilateral flows of licensing revenues. Among IP rights‐related provisions, the accession to or ratification of existing international IP agreements and the protection of trademarks, patents, or industrial designs are important for facilitating cross‐border licensing.

Industrial Design Protection in Indonesia: A Fiqh Perspective and Its Challenges In Facing Communalistic Values

As a member of the World Trade Organization and a signatory to the TRIPs Agreement, the Indonesian Government drafted Law Number 31 of 2000 concerning industrial design. The establishment of TRIPs was the desire of industrial countries such as America and Europe to protect their products and strengthen their monopolistic position in international trade. Besides that, the philosophical foundation of TRIPs is based on individualism, while the social reality of the Indonesian nation adheres to a communalistic way of life. This research aims to describe industrial design protection in Indonesia and its problems from a fiqh perspective. This research is a legal research based on primary and secondary legal materials. Researchers also examined Law No. 31 of 2000 concerning industrial design and the Academic Paper of the Draft Law on Industrial Design in 2015. In data analysis, the authors use descriptive and comparative techniques. This study finds that although the Law of industrial design originates from the rules of the TRIPs Agreement, it generally does not conflict with Islamic jurisprudence but is in harmony with it. However, there are problems in protecting industrial design. To solve these problems, it is necessary to improve the industrial design law by considering national interests, improve the legal structure by increasing the professionalism of judges and judicial staff, and improve legal culture through education, socialization of legal regulations, good examples, and halal industrial designs.

Typical Mistakes in Claims and Specifications of the Inventions in the NBC Protection Corps

The growth of inventive activity in the NBC Protection Troops is accompanied by an increase in requests for examination, leading to a delay in the process of considering patent applications at the Federal Institute of Industrial Property of Rospatent. The aim of this work is to summarize the common mistakes in the claim and the Specifications of the inventions in the NBC Protection Troops. Materials and research methods. Examination requests for applications for inventions were analyzed, for which positive decisions were eventually received, i. e. the delay in their consideration was not due to the lack of a technical solution. In the application materials, the most typical mistakes were identified and summarized with the references to regulatory documents. The provisions of these documents were explained in the text of the article and supported by references to the work of patent law specialists. The results of the study. The main mistakes detected at the stage of formal examination are made in the application, description of drawings and in the claims. At the stage of substantive examination, the experts pay attention to the applicants' misunderstanding of the rules for drawing up the claims and sections of the description that substantiate the claims. The «Background of the Invention» section is usually presented in the form of a review, in which the closest analogue is not analyzed; the technical result is not indicated; examples revealing the implementation of the claimed invention are not complete. Discussion of results and conclusions. Any mistakes detected at the stage of formal expertise can be easily corrected with careful attention to the preparation of application documents. The mistakes identified at the stage of substantive examination are of a systemic nature. They are based on the stereotypes of a specialist, who can not see patentable technical solutions and cannot plan them. It is possible to correct this situation by training young specialists in the field of legal protection and protection of inventions, utility models, industrial designs and methods of their use, even before they start their main activities. It is possible also to accompany such trainings with the study of the fundamentals of the Theory of Inventive Problem Solving. Patenting itself must be carried out within the framework of the organization's patent policy.

Промышленный образец на евразийском пространстве: современное состояние и перспективы для бизнеса

The article analyses the protection of industrial design in the Eurasian space, the importance of developing this object of intellectual property rights both in Russia and in the countries that are members of the Eurasian Patent Organisation. The experience of China which has achieved outstanding success in the development of intellectual property is shown. The opinions of a number of scientists on the problems of protecting industrial design rights are given.

Comments on New Provisions of the Law on Amendments to of the Intellectual Property Law of 2022 Concerning the Protection of Inventions and Industrial Designs

Bảo hộ quyền sở hữu công nghiệp đối với sáng chế, kiểu dáng công nghiệp luôn là vấn đề nhận được rất nhiều sự quan tâm, nhất là trong điều kiện các Hiệp định thế hệ mới (FTA) đã có hiệu lực tại Việt Nam. Tuy nhiên, trong quá trình áp dụng những quy định này tại Việt Nam còn gặp nhiều vướng mắc cần được sửa đổi, bổ sung để phù hợp với thực tiễn pháp lí và cam kết quốc tế. Trên cơ sở đó, sau thời gian đề xuất ngày 16/6/2022 Luật sửa đổi, bổ sung một số điều của Luật sở hữu trí tuệ năm 2022 đã chính thức được quốc hội thông qua với nhiều quy định mới liên quan đến bảo hộ sáng chế và kiểu dáng công nghiệp. Bài viết tập trung bình luận một số quy định mới về bảo hộ sáng chế, kiểu dáng công nghiệp được quy định trong Luật sửa đổi, bổ sung một số điều của Luật sở hữu trí tuệ năm 2022; phân tích, đánh giá sự tương thích với các Điều ước quốc tế về sở hữu trí tuệ, pháp luật một số quốc gia. Từ đó, đề xuất các giải pháp thực thi hiệu quả các quy định mới về bảo hộ sáng chế và kiểu dáng công nghiệp phù hợp với thực tiễn tại Việt Nam và các điều ước quốc tế.

Становлення та розвиток законодавчого регулювання промислових зразків як об'єктів інтелектуальної власності в Україні

The article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine "On the Protection of Rights to Industrial Designs" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determined by the adoption of the Civil Code of Ukraine in 2003, in connection with this, many legislative provisions were significantly improved, which subsequently operated for about 20 years. It was established that the main legislative innovations (2003) were as follows: the conditions of patentability were changed, the novelty content of an industrial design was improved, the procedure for conducting an examination of an application was changed, the procedure for the publication of the grant of a patent and patent registration was improved, the procedure for appealing the decision of the patent office on an application for an industrial design was changed, the legal norms regarding the use of an industrial design, the termination of patent validity, and the protection of rights to industrial designs have been improved. It was established that the third stage regarding the development of legislation on industrial designs began in 2014 (signing of the Association Agreement between Ukraine and the EU) and continues to this day. It has been established that the Association Agreement between Ukraine and the EU contains a large Section on intellectual property, several articles are devoted to industrial designs (Articles 212 - 218). It is substantiated that these articles laid the foundation for the future reform of the legislation of Ukraine on industrial designs, which took place only in 2020. It has been proven that, as of today, the legislation of Ukraine regarding industrial property in general, and regarding industrial designs in particular, is as close as possible to EU standards in this area, and is able to properly regulate relations.

Modernization of the eu patent system: innovations and opportunities for Ukraine

An economic and legal analysis of the new rules for modernizing the patent system of the European Union (EU) proposed by the European Commission (EC) on April 27, 2023, their features, problems, prospects and opportunities for use for Ukraine, was carried out. The proposed EC provisions on standard essential patents, compulsory licensing of inventions in crisis situations and the revision of legislation on subsidiary protection certificates, the role of the SME Fund 2023 Ideas Powered for Business SME Fund with a budget of 60.1 million euros are examined. It aims to support small and medium-sized enterprises (SMEs) to effectively manage their intellectual property (IP) portfolios, with the aim of accelerating the green and digital transition, supporting their recovery from recent crises such as COVID-19 and the impact of the Russian invasion of Ukraine. Financial support provided to Ukrainian SMEs by the EC and EUIPO includes: protection of trade marks and industrial designs within the EU (national, regional and EU level) up to 75 % of all fees up to a maximum of €1,000; protection of patents or related activities within the EU for national and European patents, including unitary ones) in the amount of 75 % of the total fees — up to 1500 euros. IP value added has been shown to be increasing in most European industrial ecosystems. IP rights, particularly patents, which are a critical intangible asset, have a critical role to play in scaling up green innovation, while creating the business case for clean technologies and enabling sustainable digital transformation.

Legal Protection for Unregistered Clothing Design on Marketplace: Comparison Between the Indonesian and the UK Law

The industrial design protection system in Indonesia uses registration requirements, without registration, there is no protection. This is in contrast to the UK’s existing industrial design protection system, where the UK implements two protection systems, namely the registered design right or unregistered design right. This unregistered protection system is used in products that do not last long on the market such as fashion products and as an alternative for companies to test design prospects on the market. Unregistered protection systems are also used as design protection alternatives to prevent copying or plagiarizing of designs that do not yet have registration numbers. This article will discuss the following issues: 1) The legal protection of Korean pop idol clothing designs is reviewed based on Indonesian and English laws; and 2) The urgency of legal novelty in the industrial design law in Indonesia. In this study, the legal research method used is normative legal research with an approach through statutory regulations, a conceptual approach, and a comparative approach. The legal materials used are primary legal materials and secondary legal materials. The conclusion is that the industrial design protection system in Indonesia still has to go through the registration process, this is irrelevant to products or goods that cannot last long in the market because trends change easily. This is different from that in the UK where it implements an unregistered design right system where industrial design rights are obtained automatically.

Codification of industrial property law of Poland: analysis of the main provisions of the new draft law

Keywords: intellectual property, industrial property, codification of legislation, innovation, inventor, amount of fee, law, patent, EU law
 The article examines the state and trends of legal regulation in the field of intellectual property (IP), forms of systematization of legislation in the field of IP in international treaties, EU regulations, and national legislation. The models of legal regulation of IP are highlighted, the classification of their objects is given. The structure and content of the main provisions of the new draft law Industrial Property Law are analysed (on the example of Poland). The bill comprehensively regulates all objects of industrialproperty. The changes are mainly aimed at streamlining, speeding up and reducing the costs of obtaining protection of industrial property objects, especially inventions, utility models, industrial designs, trademarks and geographical indications. System changes are shown: the institution of preliminary notice of invention, the registration system for the protection of utility models, a deposit containing technical and technological information that constitutes a commercial secret, conciliation procedures for disputes, IP COMBO — discounts when calculating the amount of state duty in the case of simultaneous presentation of three different objects of industrial property. As a result of the changes made, the attractiveness of the national system of industrial property protection will increase, and the established fees will be an incentive for applicantsto obtain legal protection for as many innovative solutions as possible. Possible ways of systematizing legislation in the field of industrial property in Ukraine are proposed. It is concluded that one of the most effective ways to solve the problem ofcodification is the development and adoption of the Industrial Property Code (following the example of Poland), which would combine and consolidate the main norms regarding the legal protection of industrial property rights.

FEATURES OF THE FORENSIC EXAMINATION (OF EXPERT RESEARCH) IN THE FIELD OF INTELLECTUAL PROPERTY ARE RELATED TO THE TERMS OF PROVISION OF LEGAL PROTECTION OF INDUSTRIAL DESIGNS, DEFINING THE CRITERIA FOR THEIR PROTECTION ABILITY AND VOLUME OF USE

The article is devoted to the generalization of approaches to forensic examinations (of expert research) in the field of intellectual property, in particular industrial designs. The analysis of the national legislation in the field of intellectual property is carried out and new approaches in the field of the legal protection of industrial designs are revealed. The peculiarities of conducting forensic examinations (providing expert opinions) on determining the conditions of the legal protection of industrial designs, criteria for their legal protection, and volume of use have been researched. An analysis of the conditions for granting legal protection to industrial designs, in particular compliance with public order and the principles of humanity and morality was performed. An analysis of normative sources that define the meaning of the term “public order” and regulations that should be used by a forensic expert to establish compliance of industrial designs with the principles of humanity and morality was performed. The analysis of criteria for protection of industrial designs (novelty and individual character) was carried out. The peculiarities of determining the new criterion of the legal protection of industrial design (individual character) for the national legislation, for the assessment of which the “degree of freedom of the author” is taken into account, was established. The concept of “degree of freedom of the author” was studied and the features that should be taken into account during forensic examinations (of expert research) are determined. Recommendations that should be taken into account by the subjects of appointment (order) of forensic examinations (of expert research) and forensic experts were formulated. Key words: forensic examination, an object of intellectual property, industrial design, legal protection, conditions of legal protection, criteria of protection, public order, degree of freedom of the author.

Zdolność odróżniająca kształtu produktu jako warunek uzyskania prawa ochronnego na trójwymiarowy znak towarowy Unii Europejskiej. Glosa częściowo aprobująca do wyroku Sądu Unii Europejskiej z dnia 14 lipca 2021 r. w sprawie T-488/20 Guerlain przeciwko Urzędowi Unii Europejskiej ds. Własności Intelektualnej (EUIPO) (Dz.Urz. C 320, 28.09.2020)

The study is a partially approving commentary on the judgment of the General Court of the European Union in case T-488/20 Guerlain v European Union Intellectual Property Office (EUIPO) . The issue in the case was the assessment of the distinctiveness of a sign applied for, comprising a lipstick in the shape of a boat hull. In the light of its findings, the Court of the European Union referred to recognised criteria for assessment, such as, i.a., a significant deviation of the design from the accepted norms and customs in the given industry sector, including the aesthetic value and originality of the design, as well as the reference of the applied shape to the relevant public. However, the case lacked evidence of secondary distinctiveness, as well as an analysis of the aspect related to the aesthetic functionality of the product and protection of market competition. The General Court came to the debatable conclusion that the shape in question is atypical for lipsticks and differs significantly from all other shapes on the market and consequently has a feature of inherent distinctiveness. This has resulted in a certain liberalisation of standards in obtaining protection for three-dimensional trademarks without word elements. In sectors where design is diverse, a new and unusual variant of the product’s shape or its packaging may, in light of the commented judgment, be protected as an EU trademark. This will probably encourage entrepreneurs to file applications for such signs. For the doctrine of law, the judgment is an interesting source of inspiration for the discourse on the systemic role of legal protection of trademarks and industrial designs.

Innovations of the legal protection of industrial designs

The article is dedicated to current issues of legal protection of industrial designs. There were analyzed the innovations concerning the legal regime of the industrial design introduced by the reform of the patent legislation (2020).
 It is substantiated that the reform of patent legislation, which took place in 2020, has significantly changed the level of legal protection of industrial designs, bringing it closer to EU standards. It is proved that the introduction of two types of legal protection of industrial designs is justified: short-term for unregistered, long-term for registered. It is established that the scope of legal protection provided for a registered industrial design is determined by the image of the industrial design entered in the state register of industrial designs, and not by a list of its essential features. It is established that the degree of freedom of the author is taken into account to determine the scope of legal protection of an industrial design. Differences in the exercise of rights to registered and unregistered industrial designs are identified. It is substantiated that industrial design rights may be declared invalid in court or out of court. It is established that the out-of-court procedure for invalidation of industrial design rights consists in the submission by any person to the Appeals Chamber of NIPO a substantiated application for invalidation of industrial design rights in whole or in part on the basis of non-compliance with conditions of legal protection. The importance of the extrajudicial procedure for revoking an industrial design certificate in the framework of the post-grant opposition procedure, which is an effective mechanism for combating patent trolling (well-known designs are registered as industrial designs), has been proved. It is substantiated that the legislator did not pay attention to the peculiarities of the use of registered and unregistered industrial designs in the digital environment, the development of which is often ahead of the relevant legal regulation.

The Solution for Overcoming Conflicts in the Protection of Applied art works and Industrial designs

The issue of conflict of intellectual property rights in Vietnam is increasingly common and complicated, especially the conflict between copyright to applied art works and industrial property rights to industrial designs. There have been many studies ahead of research on this issue, but there is a lack of foreign law surveys. This article approaches the problem through a foreign law survey to propose a solution to the conflict between applied art works and industrial designs for Vietnam. Research tasks include: identifying the nature and causes of conflicts, conflict resolution mechanisms in Vietnam's current intellectual property law; points out shortcomings in current Vietnam's intellectual property law; compare with foreign laws and practices to draw lessons applicable to Vietnam.

Удосконалення охорони промислових зразків в умовах реформування національного законодавства

In conditions of construction and functioning of innovative model of economy, of a necessity of creation and introduction of new technics and advanced technologies in manufacture the right to results of scientific and technical creativity acquires importance. The vast majority of scientific works of authors devoted to an analysis of the legal protection of industrial property, concerns only certain aspects of problematic issues of legal regulation of relations arising in the protection of industrial designs in the conditions of European integration of Ukraine. Therefore, there is a need for theoretical research on issues related to the improvement of Ukrainian legislation in this area to the legislation of the European Union. The article considers the problems of bringing the institute of industrial designs of Ukraine in line with the legislation of the European Union. The ways of improvement of the legislation of Ukraine in the field of protection of the rights to industrial designs to the European norms are offered. The concept of „industrial design” in the relevant national legislation has been improved. Emphasis is placed on the expediency of expanding the range of products, an appearance of which may receive legal protection in Ukraine as industrial designs. It is proposed to harmonize the relevant national legislation with the Civil Code of Ukraine on the validity of intellectual property rights to registered and unregistered industrial designs. It is concluded that Ukraine’s aspiration for European integration presupposes taking into account the positive experience of the relevant legislation of the European Union member states. Since measures aimed at introducing effective mechanisms for the protection of rights to industrial property objects are determined by the course of Ukraine’s accession to the European Union, therefore they are determined by the need to comply with European norms for such protection. However, it is emphasized that it is important not just to copy certain approaches to the protection of industrial property rights, which are enshrined in European Union law, but a systematic scientific approach to internal coherence and consideration of all elements of positive national law. The strength of scientific and technical, economic and legal development of Ukraine and the formation of an effective innovative model of the national economy depends on this.

Civil Protection for Industrial Designs and Models in Jordanian Legislation

This study focused on examining the issue of civil Protection for industrial designs and models according to the analysis of the texts of the Jordanian Industrial Designs Law No. 14 of 2002 and the Jordanian Industrial Designs and Models Regulation No. 52 of 2002, and we based this study on the Jordanian Unlawful Competition and Trade Secrets Law No. 15 of 2000, and we touched on some texts from the Jordanian Civil Law No. 43 of 1976 and its amendments. This study dealt with the civil protection of industrial designs and models in accordance with Jordanian legislation, where the Jordanian legislator enacted a law on industrial designs and models, but did not explicitly provide for their civil protection when exposed to them in any form of abuse, but the defendant can claim his rights through a competition lawsuit. Illegal when assaulting either of them.

Adopting industrial designs: further IP protection for US start-ups?

ABSTRACT This article examines the determinants of adoption of industrial designs, for intellectual property (IP) protection, in a large sample of US start-ups. While patents and copyrights are widely analysed as ways of protecting proprietary knowledge in large firms, they are expensive forms of IP protection, both to create and to protect. For start-ups, cheaper and simpler methods have greater attraction, of which industrial design protection is an example. The article builds and tests an applied econometric model of industrial design adoption, using the longitudinal Kauffman Firm Survey, 2008–2012. The model is based on a microeconomic managerial utility theory of the firm, implemented within a random utility framework, leading to an estimable econometric model which takes the form of a binary probit with random effects. This model is run on an unbalanced panel sample of nearly nine thousand observations. It finds that expenditure on R&D plays a powerful role in the design adoption process. Incorporation and owner-managers’ injection of equity also play a positive and significant part in design adoption. These three influences are all part of the commitment that owner-managers bring to their start-ups. Sales directed to products rather than services also have positive effects on industrial design adoption.

The Correlation between Copyright and Patent Forms of Industrial Design Protection

Most legal orders establish several forms of design protection that are not mutually exclusive. At the same time, the intersection of legal regimes gives rise to a number of practical and doctrinal problems related to the determination of the scope of the author’s and rightholder’s rights, the unfair behavior of participants in civil transactions, and the erosion of the institutional purpose of intellectual property objects. The main task of the study is to draw a meaningful border between the two forms of protection of industrial design objects. The paper elucidates the basic concepts of understanding an industrial design, the functions and features of the activity under consideration, the relationship with the category of "art," examines the formation and development of legal thought about the relationship between copyright and patent forms of protection of the results of artistic design. It is concluded that it is necessary to make proposals and recommendations to eliminate unfair practices in the exercise of the right to protect the results of creative activity under consideration.

NOVELTY PRINCIPLE: PARADOKS PROTEKSI HAK DESAIN INDUSTRI DI INDONESIA

Phrase "significantly equal" isn’t regulated in Law 31 of 2000 about Industrial Design, it’s cause in multiple interpretations related to the meaning of "novelty". The novelty element should refer to TRIPs Agreement, which isn’t the same or not similar to the previous disclosure. This study uses a normative juridical method, with a theoretical approach that is relevant to industrial design protection. This is what underlies research to determine the effectiveness of industrial design rights protection based on the novelty principle, and how to formulate law of industrial design in the future.
 Keywords: Industrial Design Rights, Novelty, Protection by Law