The Riyadh Design Law Treaty was adopted on November 22, 2024, and will enter into force three months after there have been 15 ratifications or accessions.
Overview of the Riyadh Design Law Treaty
Design is a category of intellectual property (IP) that consists of a product’s appearance or its ornamental aspects. To protect the IP contained in their designs, designers usually apply for a design patent or go through a registration procedure. Protection procedures are often cumbersome and vary from one jurisdiction to another, which makes it challenging to obtain protection.
That is where the 2024 Riyadh Design Law Treaty comes in. The Treaty provides for a streamlined framework for design protection procedures, helping designers to protect their work at home and globally. It also offers benefits and opportunities for IP offices and local economies.
How the Treaty benefits design owners
Legal certainty
All the indications or elements that may be required in a request to record certain transactions, such as a renewal, a change in ownership or a license, are clearly set forth in the Treaty and its Regulations.
Facilitated protection and portfolio management
In general, a design that is disclosed to the public before an application for protection is filed is not considered new and, therefore, cannot be protected. In order to minimize the risk for applicants of losing protection, the Treaty provides for a mandatory and harmonized grace period of 12 months following a first disclosure of the design, during which such disclosure will not be detrimental to the novelty, originality, individual character or non-obviousness of the design.
The filing date is a key element of an application to protect a design; it is the decisive point in time for assessing novelty and the date on which a priority claim in subsequent applications is based. In order to assist applicants in securing such a date and to minimize the risk of postponing or losing it, the list of filing-date requirements under the Treaty is kept to a minimum.
The Treaty allows applicants to retain control over the publication date of a design, even after a filing date has been secured. That enables them to better decide when to first market the product incorporating their design.
Where a time limit in a procedure before a Contracting Party’s intellectual property office is missed, the Treaty provides for relief measures that prevent applicants from losing their rights. In addition, the Treaty provides for the possibility of correcting or adding a priority claim, or of restoring a priority right.
Economic efficiency and cost reduction
Applicants may choose how to represent their designs in an application: through photographs, graphic reproductions, any other visual representation (such as video files) admitted by the Contracting Party’s IP office, or a combination of any of those forms if permitted under the Contracting Party’s applicable law.
Applicants may include, under certain conditions, several designs in one application, rather than having to file a separate application for each individual design. That helps to reduce filing costs for applicants. The Treaty contains safeguards to ensure that the original filing date is maintained if one of the designs is not accepted and the application needs to be divided.
How the Treaty benefits national IP offices and local economies
Increased filing activity
The adoption of simpler procedures will encourage local and foreign designers to file applications for design protection, increasing business volume for national offices.
Enhanced IP office efficiency
By streamlining procedures, IP offices can reduce administrative complexity and improve productivity.
Opportunity to modernize design registration systems
- create an electronic application system;
- implement a system for the electronic exchange of priority documents (for example, through the WIPO Digital Access Service for Priority Documents (WIPO DAS));
- draft the required legal framework and revise IP offices’ design protection procedures;
- build capacity in IP offices by training staff, providing technological support and raising awareness.
Become a party to the Riyadh Design Law Treaty
States and intergovernmental organizations (IGOs) interested in becoming party to the Riyadh Design Law Treaty should take the following steps:
Check their eligibility
Provisions on which entities may become party to the Treaty are set forth in Article 29 of the Treaty.
Identify adjustments needed to implement the Treaty
Implementing the Treaty could have varying implications, depending on the legal system of the State or IGO concerned. For instance, they may need to amend existing laws or regulations in order to comply with the Treaty’s provisions.
Under the Treaty, WIPO shall provide any State or IGO that requests it with technical assistance and capacity-building for the implementation of the Treaty. In particular, WIPO can assist in establishing the required legal framework and revising administrative practices and procedures.
Deposit an instrument of ratification or accession
To become a party to the Treaty, an eligible State or IGO must deposit with the Director General of WIPO:
- an instrument of ratification if it has signed the Treaty (the Treaty was opened for signature on November 22, 2024, the date of its adoption, and will remain open for signature until November 22, 2025); or
- an instrument of accession if it has not signed the Treaty.
Reservation(s) permitted under Article 31 of the Treaty must be made known in a declaration accompanying the instrument of ratification or accession.
Find out more about the procedural and legal aspects following the adoption of the Treaty.
Inspiring views on the Riyadh Design Law Treaty
“The Riyadh Design Law Treaty is modern, impactful and comprehensive. It is a milestone we can all be proud of.”
Central European and Baltics States (CEBS) Group
“The Riyadh Design Law Treaty will assist designers with streamlined formalities to navigate in protecting their designs around the globe in an efficient manner.”
Group B
“This is one step forward not only for the protection of industrial designs but also for the improvement of the entire intellectual property ecosystem.”
Group of Central Asian, Caucasus and Eastern European Countries (CACEEC)
“The Treaty will promote an IP system geared towards innovation, development and the benefit of all.”
Group of Latin American and the Caribbean Countries (GRULAC)
“The Riyadh Design Law Treaty has something for everyone. We welcome the inclusion of technical assistance and capacity-building.”
Asia and the Pacific Group (APG)
“For Africa, the hope for this Treaty represented not only a legal instrument but also a tool for fostering innovation, cultural expression and economic development.”
Africa Group
“The Riyadh Design Law Treaty represents the best gift to all creators and innovators in the field of designs around the world.”
China