WIPO Member States Adopt Riyadh Design Law Treaty

On November 22, 2024, WIPO member states approved a new Treaty that will make it easier, faster and more affordable for designers the world over to protect their designs both at home and abroad, marking a major step forward in empowering designers and fostering international collaboration in design.

Today, the process for protecting designs varies from one country to another. Therefore, designers generally must follow the filing procedures set by the IP office of the country in which they are seeking protection and must go through the same process in each country or region where they wish to protect their designs.

The Riyadh Design Law Treaty will help to make the framework for design protection procedures more predictable and make the procedures themselves less complex and more affordable. It will be easier for designers to file applications in several different jurisdictions.

What the Treaty will do:

• set a maximum list of indications or elements that designers must submit with an application.

• allow applicants to choose how they represent the design in an application (drawings, photographs or, if admitted by the IP office, video).

• allow applicants to include several designs in a single application, under certain conditions.

• set out requirements for the granting of a filing date.

• provide for a grace period of 12 months following a first disclosure of the design, during which such disclosure will not affect its validity for registration.

• allow applicants to keep their designs unpublished for at least six months after having secured a filing date.

• provide relief measures and offer some flexibility to applicants to prevent them from losing their rights if they miss a deadline.

• simplify the procedure for requesting the renewal of a design registration.

• furthers the introduction of e-filing systems for designs and the electronic exchange of priority documents.

The Treaty foresees the availability of technical assistance to developing and least developed countries for the implementation of the Treaty.

Moreover, the Riyadh Design Law Treaty expressly interfaces design protection with the protection of traditional knowledge and traditional cultural expressions. This is achieved through a provision under which contracting parties may require applicants to file information on traditional cultural expressions and traditional knowledge relevant to the eligibility for registration of the design.

The Treaty requires 15 contracting parties to enter into force.

Original link: https://www.wipo.int/pressroom/en/articles/2024/article_0017.html