On November 22, the WIPO member states approved the Riyadh Design Law Treaty, aimed at establishing a modern and uniform legal framework for the protection of industrial designs. This treaty addresses key challenges faced by designers in obtaining international protection. It was adopted during the Diplomatic Conference held in Saudi Arabia from November 11 to 22.
The Riyadh Law Treaty, much like the recent reform of design legislation approved by the European Union, will contribute to strengthening a more efficient and simplified global protection framework for this intellectual property.
Benefits of Riyadh Design Law Treaty
- Simplification of procedures:
The treaty sets a maximum list of indications or elements that designers must provide in an application. This closed list ensures a more predictable framework for design protection procedures, allowing designers to know exactly what will be required. Additionally, the treaty simplifies the process for renewing the registration of a design. - Flexibility in formats for applicants:
The treaty allows applicants to choose how they represent their design in an application (drawings, photographs, or, where permitted by the intellectual property office, video). - Faster protection:
Shorter timeframes are established for granting a filing date, ensuring quicker protection for designs. - Greater legal certainty:
A 12-month grace period is introduced following the first disclosure of a design, during which such disclosure will not affect its validity for registration. Additionally, applicants can keep their designs unpublished for at least six months after obtaining a filing date. The treaty also provides flexibility to help applicants avoid losing their rights due to missed deadlines. Without such measures, failing to meet a deadline typically results in irreversible loss of rights, which can be especially detrimental for designs. - More efficient procedures:
The treaty encourages the implementation of electronic systems for filing design registration applications. - Protection of traditional knowledge:
The Riyadh Treaty acknowledges the importance of protecting traditional knowledge and cultural expressions by establishing mechanisms to prevent the undue registration of designs based on them.
These developments will undoubtedly lead to reduced costs for international design protection, with simplified and harmonized procedures offering greater legal certainty. This, in turn, will foster innovation and creativity.
The Riyadh Treaty will enter into force once it has been ratified by 15 Member States. We will closely follow the developments to see which countries are the first to adhere.
In the meantime, we invite you to join our webinar on international designs, happening on November 26 at ClarkeModet. We’ll discuss how Mexico and Brazil joining the Hague Agreement has created exciting new opportunities for over 50% of Latin America’s population and GDP.
