Acemark News
Japan Won Design 3D Motors Honda Super Cub 2014-06-10 10:46:16
A unique design creation becomes selling point of a specific item/product. The success creation of a design also seen by the taste of the consumers which assume as a unique design and has high characteristic.
Honda companies in Japan which is one of the largest high-tech creators get 3D Design patents for their vehicle, Honda Super Cub. As quoted from detikoto (06/02/2014). In its official statement, the motorcycle that was first introduced in Japan in 1997 is entitled to a patent 3D. Because this 3D patent is not awarded at random. The vehicle requirement must have a high characteristic.
Another reason the motorcycle get the 3D patent rights because the model is already scarce and Honda are considered to have consistency in defending Super Cub for more than 50 years, or since was first introduced worldwide in 1985. In addition, the sales in the world are quite large, more than 160 countries.
The creation of a product that is rated as a rare product and also favored by the consumers would be a trigger for Honda as the manufacturer to protect the top of the design creation. Quoted from Jackbiker.com (30/05/2014), the Honda action for registering Honda Super Cub on their trademark is to anticipate the possibility of plagiarism on model and design of the Honda Super Cub.
Beside done by Honda in Japan, the 3D patent has also been done by some other brands in Europe such as Piaggio on his Vespa and Fiat 500 (otomotifnet.com, 05/30/2014). 3D motorcycle is a vehicle that has a high characteristic in design. Surely, this is a trigger for countries in the world for create unique design creations that are favor by consumers throughout the ages to obtain this kind of patents.
Source: detikoto, jackbiker.com, otomotifnet.com
Law analysis
Creative Design in the realm of law in Indonesia is protected under Law no. 31 of 2000 on Industrial Design. As understanding of Industrial Design at Article 1, namely:
"Industrial Design shall mean a creation on the shape, configuration, or the composition of lines or colours, or lines and colours, or the combination thereof in a three or two dimensional form which gives aesthetic impression and can be realized in a three or two dimensional pattern and used to produce a product, goods or an industrial commodity and a handy craft."
Under the provisions of law in Indonesia, the Honda Motor creative design can be registered for the protection of industrial designs with terms containing novelty value, as set out in Article 2 and 3 of the Law of Industrial Design.
Scope of Design Rights holders are also provided for in Article 9 that:
(1) The Right Holder to Industrial Design shall have the exclusive right to exploit his Industrial Design and to prohibit other who without his consent make, use, sell, import, export and/or distribute the products that have been granted the Right to the Industrial Design."
Infringements of Industrial Design regulated provisions of Article 54 of Law on Industrial Design that is Criminal provisions which reads:
(1) "Any person who deliberately and without rights commits any acts as referred to in Article 9 shall be shall be sentenced to imprisonment of at most 4 (four) years and/or a fine of at most Rp300, 000,000.00 (three hundred million rupiahs)".
It seems that Honda Motor 3D Design protection is obtained after qualified as high characteristic and has consistency in defending Super Cub for over 50 years and high in sales. This is contrary to the requirements of novelty element for the industrial designs protection in Indonesia. 3D Design Protection such an award for the design industry that has been registered for a long time but the creation of the designs contains high characteristic and always demand by the consumers.
Indonesia maybe can pull out a 3D Design protection like European countries and Japan, although the term of protection of industrial designs in Indonesia is only valid 10 years since the date of acceptance and will be public domain, after that, it can be assessed which creation of designs that has high characteristic and always demand by consumers in a long term.
In Japan, the protection of intellectual Property handled by the Japan Patent Office, besides patents, models utility, and brands, designs are also protected. In this case the Honda Super Cub is protected in the design. However, Japan seems following the 3D term after European Countries. While in Indonesia has actually known the meaning of three-dimensional or two-dimensional, as stated in article 1 of the Law on Industrial Design.
The action that taken by the Honda Company is right to anticipate the possibility of plagiarism on model and design of the Honda Super Cub, they registered protection of their design.