The Riyadh Design Law Treaty (“the Treaty”), adopted on November 22, 2024, stands as a pivotal development in the international intellectual property law regime. This Treaty was spearheaded by the World Intellectual Property Organisation (WIPO) and aims to create a cohesive framework for registering and protecting industrial designs across member nations. This landmark treaty took shape during a historic diplomatic conference held in Saudi Arabia, which served as the host nation for this pivotal event.
The Treaty seeks to standardise the design registration process, making it easier for creators and businesses to safeguard their designs regardless of geographical boundaries. By establishing clear and consistent guidelines, the Treaty is expected to reduce bureaucratic hurdles, enhance efficiency and harmonise the design law with international laws, thereby encouraging innovation and creativity in design.
Background of the Treaty
Industrial design, which encompasses aesthetic and ornamental elements of products, is critical to fostering innovation and competitiveness. It not only influences consumer preferences but also contributes significantly to brand identity and market differentiation. However, one of the major challenges that designers face, particularly those representing small and medium enterprises (SMEs) and independent creators, is the absence of a unified global system for design registration or harmonisation between design laws of different countries. This fragmentation often leads to legal uncertainties and increased costs, hindering the ability of these entities to protect their intellectual property effectively.
In response to these challenges, the Riyadh Design Law Treaty has been proposed as a comprehensive solution. This Treaty seeks to establish a standardised framework for design registration that aligns with the evolving needs of the global marketplace. By providing clear guidelines and procedures for protecting industrial designs, the Riyadh Design Law Treaty aims to create a more equitable environment that enhances the ability of SMEs and independent creators to innovate and thrive in a competitive landscape.
The Treaty’s adoption was the culmination of nearly two decades of negotiations among WIPO member states. This effort mirrors earlier initiatives, such as the WIPO’s landmark treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, approved on May 24, 2024.
Key Provisions of the Treaty
The Treaty introduces several groundbreaking features that benefit designers and businesses:
Standardised Framework for Design Registration
The Treaty establishes uniform rules for registering designs across participating countries, significantly reducing administrative complexities and inconsistencies between national systems. Designers would no longer need to navigate diverse legal frameworks, as the Treaty offers consistent requirements across jurisdictions. This would reduce legal and procedural expenses, making design protection accessible even for small-scale innovators.
Flexible Representation of Designs
The Treaty allows applicants to choose from multiple formats to represent their designs. Designers can submit drawings, photographs, or videos, depending on the country’s requirements. This flexibility accommodates diverse industries, ensuring that designs ranging from physical products to digital interfaces can be effectively protected.
Multiple Designs in a Single Application
Applicants can include several designs within a single application, subject to the conditions as may be prescribed by the applicable law. This provision significantly reduces filing costs and administrative workloads for applicants. It also supports designers working on collections, such as in fashion or product series, enabling cohesive protection.
Extended Grace Period for Public Disclosure
The Treaty introduces a 12-month grace period, allowing designers to test their designs in the market before seeking protection. Designers can receive feedback on their designs post-launch without risking their eligibility for protection. In countries like India, the existing six-month grace period, which is also subject to some conditions, is often insufficient; thus, the Treaty’s extension can provide greater flexibility. Applicants may also keep their designs unpublished for a minimum period of six months following the date on which they secure a filing.
Relief Measures for Missed Deadlines
The Treaty includes important safeguards designed to prevent individuals and organisations from unintentionally losing their rights due to missed deadlines. Applicants are granted the opportunity to request extensions or reinstatements if they encounter difficulties that prevent them from meeting specific timelines. This aspect of the Treaty ensures that applicants do not forfeit their rights due to administrative delays, unforeseen obstacles, or circumstances beyond their control.
These provisions are particularly advantageous for small businesses and independent designers, who often face resource constraints that make it challenging to manage intricate deadlines. By allowing for extensions and reinstatements, the Treaty recognises the unique challenges faced by these individuals and provides them with a fair chance to protect their intellectual property.
Support for Developing and Least-Developed Countries
To promote fair and equitable access to intellectual property rights, the Treaty includes specific measures aimed at assisting countries with limited intellectual property (IP) infrastructure. Recognising the challenges faced by these nations, WIPO will offer comprehensive training programs, and a variety of resources designed to help these countries effectively implement the provisions of the Treaty. This support will extend to local IP offices and professionals, including workshops, online courses, and access to best practice guidelines, all designed to enhance their capacity to manage and utilise intellectual property effectively.
Cultural Sensitivity and Protection of Traditional Knowledge
The Treaty also offers a framework for protecting traditional knowledge and cultural expressions. It provides that an application may contain, where permitted under the applicable law, information on traditional cultural expressions and traditional knowledge of which the applicant is aware and which are relevant to the eligibility for registration of the industrial design.
Digital-First Approach
The Treaty emphasises the adoption of digital processes for design registration. Applicants can submit applications electronically, reducing procedural delays. This feature is particularly advantageous for designers in remote or under-resourced areas, ensuring broader participation in global design markets.
Implementation and Future Prospects of the Treaty
In order for the Treaty to take effect, it is necessary for at least 15 countries to ratify it. This ratification process involves each participating nation formally accepting the Treaty’s terms and incorporating them into their legal frameworks. Once the Treaty is implemented, member states will be required to revise and align their national laws to ensure compliance with the provisions outlined in the Treaty.
To facilitate this transition, WIPO has committed to providing extensive support, including legal advice, best practice guidelines, and resource materials. Additionally, WIPO will offer capacity-building programs designed to enhance the skills and knowledge of stakeholders involved in the intellectual property sector, ensuring they are equipped to implement the Treaty effectively.
Implications of the Treaty on India’s IP Landscape
In 2023, India registered 28,324 industrial designs, representing a 78% increase from 2022 and a staggering 285% rise since 2019. India ranks among the top 10 countries globally for industrial design filings. The 36.4% rise in 2023 applications highlights its competitiveness in product design and creative industries. Resident filings now comprise over half of India’s total design applications, reflecting a growing emphasis on domestic innovation driven by supportive government policies like the National Intellectual Property Rights (IPR) Policy. The Treaty holds further implications for India’s IP framework, with India emerging as a global hub for innovation and design.
Indian creators and SMEs will benefit from simplified procedures to secure design rights internationally without navigating varied national requirements. Specifically, industries such as textiles, automotive, and consumer goods, where design is not only important but often integral to product success, will find it much easier to safeguard their innovative designs as they enter global markets.
One notable aspect of the Treaty is its formal acknowledgement of traditional knowledge and cultural expressions, allowing them to be protected under design rights. This development is particularly significant for India, which boasts a diverse and rich heritage of traditional art forms. By securing stronger international safeguards for these art forms, India can further promote and preserve its cultural heritage, ensuring that traditional artisans receive recognition and fair compensation for their work. This step complements India’s ongoing initiatives to protect Geographical Indications (GI) labels that signify that products come from specific regions and possess qualities or a reputation linked to that location.
The Treaty also incorporates modern digital processes for design registration, aligning well with India’s Digital India initiative. Indian designers, especially from rural areas, can benefit from e-filing systems and online communication, reducing the geographical barriers to filing applications. India has signed the Final Act of the Riyadh Design Law Treaty, further bolstering its commitment to build on its progress, reaffirm inclusive growth and ensure equitable access to intellectual property protection.
Concluding Remarks
The Riyadh Design Law Treaty is a transformative development in the global intellectual property landscape. By simplifying and standardising design protection, it ensures that creativity and innovation are accessible to all. As countries move toward ratification, the Treaty promises a more inclusive and dynamic future for designers, industries, and economies worldwide.
For India, adopting the Treaty could enhance its position as a leader in innovation and design, protecting its cultural heritage while empowering its designers and businesses. However, successful implementation will require careful planning, legislative changes, and capacity building to fully realise the benefits for India’s creative economy. This includes amendments to the Designs Act, 2000 to integrate new provisions such as the 12-month grace period for public disclosures, multi-design applications, and the recognition of traditional knowledge. These updates will be crucial for ensuring that Indian design registrations are in line with global standards, providing designers with better tools to protect their creations.
Moreover, successful adoption will require capacity building in both the public and private sectors. This involves bringing necessary changes to the Indian Intellectual Property Office to handle new processes and educating designers, particularly SMEs, on how to take advantage of the Treaty’s provisions. In conclusion, while the Riyadh Design Law Treaty offers significant advantages for India’s creative economy, once ratified, careful and coordinated efforts will be needed to ensure its successful implementation.
Authors: Manisha Singh and Shivi Gupta
First Published by: Lexology here