Creating Value Through Industrial Design

W. Yogi Widodo

Industrial design shall mean a creation on the shape, configuration, or the composition of lines or colours, or the combination thereof in a three or two dimensional form which gives aesthetic impression and can be realised in a three or two dimensional pattern and used to produce a product, goods or an industrial commodity and a handy craft (Article 1, Industrial Design Law No. 31 Year 2000).

In today’s world, where business competition is on the rise, it is becoming increasingly necessary to create, improve and maintain the image of a company. The recognition of the importance of brand value and brand awareness is increasing tremendously. It is undeniable that the value of a well-known trademark is sometimes greater than the value of the tangible assets of a company. However, customers of today are often attracted to the design of the product or its packaging before they decide to buy it. That is why, besides a trademark, a design can also be used as a tool in enhancing sales of a product, and subsequently, adding value of the company.

The industrial design comprises two categories, product design and packaging design. The concept of the design, both for product or packaging should represent the visual identity of the company. Ideally, the design should meet the following criteria: practical, distinctive, aesthetic, appropriate, ergonomical, simple and communicative. The creation of an excellent design is very much dependent on the quality of the product itself. It takes a lot of research and monetary resource to come up with a winning design. An ideal design would be one that is unique, eye-catching, easy to be remembered, easy to be related to or understood, is different and expresses the product characteristic well.

Take a look at your competitor’s design. Compared to yours, which one is more attractive? An attractive and interesting design together with a well-known trademark is a perfect combination. Bad faith competitors usually take advantage of the above combination. They use a similar or even identical design which is well recognised, but put their own trademark on the design. The customers will assume that they are about to buy the product they know and they want, but actually they purchase a different product with similar design. Does this act constitute trademark infringement? No, it does not. This act is what we call “passing-off”. In order to ensure that the product is completely protected, it is necessary to protect both trademark and industrial design.

There is no wonder why the world-class enterprises spend millions of dollars every year to develop their industrial designs. They completely realise that the design has a big impact to their sales revenue. So, get your industrial design protected as soon as possible!!!.