WIPO member states approve the Riyadh Treaty on Design Law

WIPO member states approve the Riyadh Treaty on Design Law

On November 22, the 193 member states of the World Intellectual Property Organization (WIPO) approved a new treaty on industrial designs. The so-called “Riyadh Design Law Treaty” is designed to establish an international framework that simplifies, standardizes and modernizes the rules of industrial design protection, with a view to facilitating the registration, renewal and management of industrial design rights. According to WIPO, the main objective of the Treaty is to make the process of registering industrial designs more accessible to designers, especially Small and Medium-sized Enterprises (SMEs), encouraging innovation in global sectors.

Among the measures provided for in the Treaty, it establishes a closed list of indications and elements that must be included in an application, allowing designers to know beforehand what information is required. In addition, applicants will be able to choose how to represent their industrial designs, using technical drawings, photographs or, if accepted by the IP office, even videos. Thus, the inclusion of multiple designs in a single application is permitted, provided that the specific conditions laid down by the legislation of each contracting country are observed.

In addition, the treaty determines that the requirements for granting the filing date are minimal, including: (i) an express or implicit indication that the elements are intended to be an application; (ii) indications allowing the identity of the applicant to be established; (iii) a sufficiently clear representation of the industrial design; (iv) indications allowing the applicant or his representative, if any, to be contacted. Also, in another article, the document provides for a grace period of 12 months after the first public disclosure of the design, during which such disclosure does not prejudice its registrability. In addition, applicants may keep their designs unpublished for at least six months after securing the filing date, protecting strategic information during the early stages of development or negotiation.

It is important to highlight another new feature of the treaty, namely relief measures that seek to offer some flexibility to applicants to prevent them from losing their rights if they miss a deadline. Among the measures, the article states that the deadlines set can be extended or processed on an ongoing basis if requested within the limits and requirements set out in the regulations of each country. In addition, the extension can be requested before or after the expiry of the deadline, while continuous processing is intended to allow the resumption of rights upon fulfillment of the requirements within the regulatory period. Exceptions can be made, fees can be applied, and additional requirements are prohibited, unless otherwise specified in the treaty or regulations. In addition, any refusal of an application must allow the applicant or holder to submit observations within a reasonable time.

Another relevant aspect of the document is the integration of industrial design protection with traditional knowledge and traditional cultural expressions, allowing contracting countries to require information on the relationship of the design to any previous application or registration, or other information, including information on traditional cultural expressions and traditional knowledge, of which the applicant is aware, which is relevant to the eligibility of the industrial design registration.

Finally, in another provision, the treaty provides for technical assistance for developing and underdeveloped countries, through actions such as simplifying the process of renewing registrations, promoting the use of electronic systems and the possibility of digitally exchanging priority documents.  The Treaty requires 15 contracting parties to enter into force.

The treaty can be accessed via the link: Design Law Treaty (DLT)

Note: For quick release, this English version is provided by automated translation without human review.