Design is a category of intellectual property (IP) consisting of a product's appearance or its ornamental aspects. Protection for designs is usually obtained through a registration procedure or the grant of a design patent. Protection procedures vary from one jurisdiction to another, which makes it challenging for designers to protect their designs.
The Riyadh Design Law Treaty establishes a modern, dynamic and streamlined framework for design protection procedures, which helps designers to protect their work.
STREAMLINING PROCEDURES
Providing a predictable framework for design application requirements: all the indications and elements that may be required in an application for registration/grant of a design patent are clearly defined by the Treaty and the Regulations. As part of this closed list of items, the Treaty provides notably that an indication of information on traditional cultural expressions and traditional knowledge, relevant to the eligibility for registration of the industrial design, may be required by a Contracting Party, where permitted under its applicable law.
Choosing how to represent a design: applicants are given the choice of the form of representation of their designs in an application, either through photographs, graphic reproductions, any other visual representation (such as video files) admitted by the Contracting Party's Office, or a combination of any of these forms if permitted under the Contracting Party' applicable law.
Several industrial designs in the same application: applicants are given the possibility to include, under certain conditions, several designs in an application, rather than having to file a separate application for each individual design. This 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.
Making it easier to obtain a filing date: the filing date is a key element of a design application; 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 help applicants secure such a date and to minimize the risk of postponing or losing it, the Treaty keeps the list of filing-date requirements to a minimum, namely: (i) an express or implicit indication to the effect 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 and (iv) indications allowing the applicant or the applicant's representative, if any, to be contacted. Under certain conditions, a Contracting Party may require a limited number of additional requirements, enumerated in the Treaty, such as a claim or a brief description.
Creating a predictable framework for post-registration/grant procedures: all indications or elements that may be required in a request for recording certain transactions, such as a renewal, a change in ownership or a license, are clearly defined in the Treaty and the Regulations.
FACILITATING PROTECTION
Filing an application for a design after public disclosure: in general, a design that is disclosed to the public before an application for protection is filed is no longer 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.
Keeping a design unpublished for at least six months after filing an application: the Treaty allows applicants to retain control over the publication date of a design, even after a filing date has been secured. This enables them to better decide when to first market the product incorporating their design.
Providing for relief measures: if a time limit in a procedure before a Contracting Party's Office is missed, the Treaty provides for relief measures that prevent applicants from losing their rights. In addition, the Treaty provides for the possibility to correct or add a priority claim or to restore a priority right.
CREATING THE FRAMEWORK TO FURTHER DEVELOP DESIGN LAW
Two-tier structure: the Riyadh Design Law Treaty consists of 34 articles (the Treaty) and 18 rules (the Regulations). The Treaty creates an Assembly of the Contracting Parties, which may amend the Regulations, establishing a dynamic framework for the development of design law.
Supporting the implementation of the Treaty: the Treaty contains a provision on technical assistance and capacity building activities for the implementation of the Treaty.