Journal of Private and Commercial Law
Vol. 10 No. 1 (2026): May, 2026

Why Hasn't Indonesia Ratified The Hague System? What's The Problem?

Mohammad Reza Fachruddin (Faculty of Law, Universitas Negeri Semarang)
Dewi Sulistianingsih (Faculty of Law, Universitas Negeri Semarang)
Rodiyah (Faculty of Law, Universitas Negeri Semarang)
Fakhrana Nabila Atiqawati (Faculty of Law, Universitas Negeri Semarang)
Lisa Amalia (Faculty of Law, Universitas Negeri Semarang)



Article Info

Publish Date
01 Jun 2026

Abstract

Despite its membership in key international intellectual property (IP) agreements, Indonesia has not yet acceded to the Hague System for the International Registration of Industrial Designs. This article employs a doctrinal, principle-based legal analysis to examine the alignment of Indonesia’s industrial design regime, particularly Law No. 31 of 2000, with international standards under the TRIPS Agreement, the Paris Convention, and the Geneva Act of 1999. The study analyses statutory provisions, international instruments, and case law, and is complemented by a comparative overview of jurisdictions such as Japan, Singapore, the Republic of Korea, and Viet Nam that have already joined the Hague System. The findings reveal persistent structural issues in the Indonesian framework, including ambiguity in the novelty requirement, overlapping protection between industrial designs, copyright, and three-dimensional trademarks, as well as limited substantive examination and territorial fragmentation of protection. These legal and administrative constraints hinder the effective use of an international registration system, even though the Hague System offers procedural efficiency, cost reduction, and broader market access for designers. The article argues that targeted legislative reform and regulatory harmonization are essential preconditions for accession and contends that such reforms would enhance legal certainty, strengthen design protection, and improve Indonesia’s competitiveness in the global creative economy.

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Journal Info

Abbrev

jpcl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Private and Commercial Law (ISSN Print 2599-0314 ISSN 2599-0306 Online) is a scientific publication dedicated to the fields of Private and Commercial Law, as well as related disciplines. It was initiated by the Department of Private and Commercial Law, Faculty of Law at Universitas ...