The Position of Business Ethics in the Utilization of Industrial Designs Beyond the Protection Period in the Perspective of Business Law

Abstract

Industrial design as part of intellectual property holds strategic value in creating competitive advantages within the business world. Legal protection for industrial designs is regulated under Law No. 31 of 2000 for a fixed duration, after which such designs may be freely used and accessed by the public. However, in practice, the utilization of industrial designs whose protection has expired often generates ethical dilemmas in business practices, particularly regarding respect for the creator’s moral rights and the principle of fairness in market competition. This issue has become increasingly relevant amid the growing awareness within the business community of the importance of integrity and social responsibility in conducting economic activities. This study aims to analyze the position of business ethics in the utilization of industrial designs after the expiration of their protection period and to examine the implementation of relevant legislation from the perspective of business ethics. Employing a normative juridical approach and qualitative analysis of regulations and business ethics theories, this research finds that while the use of industrial designs in the public domain does not constitute a legal violation, there remains a moral obligation for business actors to uphold principles of honesty, transparency, and accountability toward the original creator. The study underscores the importance of harmonizing formal legality with business ethics as a foundation for fostering sustainable and equitable business practices.