The adoption of the Design Law Treaty or the Riyadh Design Law Treaty as it is referred to, on November 22, 2024, marked the culmination of the journey that began in the year 2005 with the purpose of harmonizing and simplifying the procedural requirements for obtaining industrial design protection across WIPO member countries, creating a more efficient and predictable legal framework. The reason behind the negotiations being protracted for so long was the Conference process which worked by consensus, taking into account the varied development levels, priorities, and interests among WIPO member states and stakeholders while showcasing flexibility to support developing and under-developed nations.
The Treaty contains 34 Articles and 18 Regulations and is established on a two-tier system-of the “Articles,” and the “Regulations.” The Regulations are open to amendment by the Assembly of the Contracting Parties, “thereby fostering a dynamic framework within which to further develop design law.” The aim of these Regulations is providing additional clarity and elaboration on the fundamental provisions of the Treaty. The Treaty aims at standardizing requirements of design applications and protecting applicants’ rights by providing flexible measures such as grace periods and publication deferrals, which enable the protection of multiple designs within a single application. This would subsequently improve innovation, support improvement of international protection of designs while eliminating the administrative burdens; through these, the solution seeks to remove procedural discrepancies by putting into place mechanisms on missed deadlines.
The Treaty is a landmark step toward harmonization and facilitation of the process for the application of industrial designs. Several key provisions enhance efficiency and accessibility for designers at the international level and have the tendency to streamline procedures, alleviate administrative burdens, and enrich uniformity between jurisdictions.
Article 4 creates the list of admissible elements of industrial design applications; predictability and reduction of administrative complications. Article 6 sets forth the minimum requirements for a date of filing; in other words, applicants shall protect their designs immediately despite completion of the formalities afterwards.
The “gem” of the Treaty is Article 7, which provides a grace period of 12 months during which designers will be allowed to file applications after public disclosure without losing registrability. This provision overcomes world inconsistencies and addresses the modern means of disclosure, such as social media and investor meetings. Further, Articles 10 and Rule 6 have deferment of publication wherein the designs can stay unpublished for at least three months, giving more control over product launch to the applicants.
Article 19 protects designs, even if the license is not registered, while Rule 3 allows applicants to choose from any format of representation and may use visual disclaimers such as broken lines to indicate parts of a design that are not claimed. This flexibility is in tune with the long-standing demands of designers.
The above enumeration reveals that many provisions of the Treaty reflect significant similarity to the US laws currently in existence, such as partial applications and filing date, grace period, revival provisions when appropriate, and deferring publication upon the filing of an application. The provisions only tend to further decrease the requirements of filing an application, provide greater protection from procedural mistake, and make greater ease of compliance with modern practices of disclosure. The treaty harmonizes design laws such that there is an efficient predictable legal framework in which designers across jurisdictions can innovate and foster creativity.
In 2023, India witnessed an extraordinary rise of 78% in industrial design filings that registered 28,324, a 285% increase in comparison to 2019. The country has marked its entry into the league of the top 10 countries in the world for industrial design filings, which indicates the escalating competitiveness in product design and related creative industries. This predicts an increase in applications of local creators, particularly spurred by government initiatives like National Intellectual Property Rights Policy. More than half, are resident filings, which reflects a trend towards domestic innovation.
India is also a signatory to the aforementioned Riyadh Design Law Treaty, the implementation of which is intended to bring in beneficial results. The treaty provision makes the international design registration processes easier for Indian creators and Small-Medium Enterprises, particularly the textiles, automotive, and consumer goods industries. Traditionally, the Treaty establishes cultural expressions and, as such, recognizes traditional knowledge and secures protection for India’s rich heritage of traditional arts. This move is, therefore, a complement to the protection of Geographical Indications (GI) tags. The treaty aligns with India’s Digital India initiative by allowing modern digital processes for design registration. This would allow designers, particularly those in rural areas, to file applications online ensuring convenience and competence. The success of this association shall impact India’s legal and administrative frameworks, training of IP officers, awareness creation, and technological investment resulting in an equitable access to IP protection.
The Treaty is a milestone in the global intellectual property, and all 193 WIPO members have ratified it. The Treaty makes design protection more accessible and standardized for designers and industries across the world. The ratification of the Treaty by India provides an opportunity to enhance the leadership of innovation with the protection of its cultural heritage. Being a signatory to such a treaty carries certain implications, including the need to alter the current framework for design law, for e.g. the Designs Act, 2000, shall be amended with the inclusion of the 12-month grace period and multi-design applications. From an international point of view, the Treaty harmonizes the design laws of multiple nations by reducing the obstacles associated with international design protection. The international framework on intellectual property is made more flexible in procedures while ensuring equal recognition of traditional knowledge and cultural expressions. Such involvement can accede India to international standards by updating its legal framework that will allow the emergence of the nation as a global leader in Intellectual Property Rights.
Authors: Gayatri Khatavkar & Utkarsh Gupta